Advocate Manish Shandilya

Questions Answered by Advocate Manish Shandilya

Q: What to do when someone mentally torturing me

My brother got married in March 17 , the girl behave not so good , she most of time shout on my brother , her demand for sex is way too high which my brother can not fulfill . She use to threat my brother like I ll put u nd ur behind bar . She suddenly pushing my brother to have child , but my brother not ready for it because he already see her behaviour towards him nd rest of family member . She once acting like she feeling breathlessness , my brother leave his shop nd get her admit in hospital , all check up done . But no finding found . She always says don't complaint to my mother or father as they are diabetic nd if they hear complaint about myself they ll attract to heart attack . Threat like this emotionally breaking down my brother . Day come she went her house . Nd sitting there . Now whole family threating us . Now they are threat us in dowry case . Is there anyone who help us. My brother is innocent. Please help . Any law for men .

Advocate Manish Shandilya answered
In such scenario, your brother can file a police complaint against her and her family members for threats etc. Your brother can have recordings of the threats given by wife or his parental family. Also, your brother can file divorce on account of mental and physical cruelty u/s 13 of HMA which will not be so easy but tgat is the legal remedy available with him.

Q: What to do when husband is mentally torturing the wife and children

My husband is a drunkard. I ve been married to him for 22 years now. He is a govt. Employee (teacher) ,so am i.i have 2 kids one of them is 21 and the other 19...i thought of divorcing him a lot of times but i kept put for the kids but i cant take anymore. The abuse is not physical and all but he tortures us mentally. Doesn't let us sleep at nights. What is the best course of action for me.

Advocate Manish Shandilya answered
At this stage, when your kids have grown up and if the torture are unbearable then better to file divorce on contested grounds and seek alimony. The court must listen you and do justice with you. Bettet part your kids can be witness from your side.

Q: Can the case filed by the company u/s 138 is inadmissible

I had given Checque in favour of a co and was returned . The director of the company in individual capacity has registered case u.s 138 against me. Does the case stay or is the complaint inadmissible in the court of law

Advocate Manish Shandilya answered
The director has right to file case being representative of the company on behalf of company. If he has filed it on behalf of company in the capacity of director then it can't be stayed or dismissed on this ground.

Q: What to do just because a suggestion a complaint has been filed

I suggested an edit in google business. But now the owner has filed a complaint against me in the cyber cell.

Advocate Manish Shandilya answered
You need to worry in such case. If you are called by staff of cyber cell then in that case you put your side and facts before police. Better you prepare a written reply alongwith evidence of your communication with Google and submit it to police. So that your side be decided in file of Police and the same be consigned. You can seek help of a lawyer for preparing such reply.

Q: Can a police action be taken in case where a obscene word is used

We have been a group of friends. I was badly harassed by one friend. He said many wrong words me. I informed my female friend about him many things and also mentioned her that he used to say obscene words about her. In the process, I mentioned an obscene word-blowjob. Due to some reasons, I am no longer a friend of her. Can she take any police action against me as I have used that obscene word? It has been more than 3 months already. I am little scared about this.

Advocate Manish Shandilya answered
Hi, Although it is not you who has caused obsence words to her so in prima facie no charge can be made against you but in case your ex female friend gives any complaint against you or submits your connivance with that friend who used such words then in that case you can be implicated in FIR. But, I guess, although it's 3 months already passed away so probability is less for any such complaint.