Advocate Manisha Ambwani

Questions Answered by Advocate Manisha Ambwani

Q: What should I do if my ex-boyfriend is harassing and blackmailing me?

My friend was in a relationship with a guy who initially seemed great, and she even considered marrying him. However, he has since changed; he drinks, smokes, parties all night, and criticizes her for being too traditional. He verbally abuses and mentally torments her, leading to their breakup a few months ago. Now, he is blackmailing her, and she fears it will bring shame to her family. Recently, he even physically assaulted her. What help can I get for her that doesn't involve her parents? She is 23 years old, and I'm desperate to assist her.

Advocate Manisha Ambwani answered
First of all block the man from contacting you in any way. Then please go to the Mahila Police Station of the area where the girl is living and get a complaint registered under Section 319, Section 503/ 506 of the Indian Penal Code against this man. Section 319 defines Hurt, Section 503 is Criminal Intimidation and Section 506 is the Punishment prescribed for the criminal intimidation. Once you get a complaint registered the concerned Police Station will take immediate action shall reprimand the man in case he tries to harass the girl.

Q: Girlfriend is asking the gifts back after breakup, is taking back gifts after breakup legal?

My girlfriend gave me ₹20,000 as a gift and said it was mine, plus some for our expenses. Now that we've broken up, she wants the money back. Is it legally required for me to return it, considering she said it was a gift and I never asked for it?

Advocate Manisha Ambwani answered
hello... as it was gift given by your girlfriend she cannot as it back as you own the gift now that the money which she gave you out of her own will and consent. she cannot take any legal action against you.

Q: Maternity leave during probation period

Hi I have joined a new organisation 3 days back and suddenly I found that I m pregnant can company fire me I have 6 months probation period. can we take maternity leave during probation period ? please advise.

Advocate Manisha Ambwani answered
Under the Maternity Benefit Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Please check with your HR department if they will give you maternity leave after working for 80 days or after the completion of the probation period. In any case, the company wont fire you for being pregnant as there is a legislation which gives you the right to claim maternity benefit.

Q: Does husband have any right on property given by parents to wife

We belong to a Sunni Muslim family. My question is. My wife purchased a property and made a registered Will for my daughter. That daughter will be owner of that property after her death. Is there right of our son in law in that property any time?

Advocate Manisha Ambwani answered
No once there is a Will no other person shall have the right over the property except for the person whose name is written in the Will. The Son-in Law shall not become the owner of the property by just marrying her.

Q: Got married at age 19 and mentally tortured by the wife

I am Christian. Was 19 yr old at the time of marriage in 2002. The priest was my father in law who wrote 21 years on my marriage certificate. My wife had extra marital affairs. Now also.We are living under same roof but no physical contact for 5 years. I have no job. She has govt job. She convinced me to quit my job as lab technician. She wants me to be a dependent. There are times when she doesn't give food to me especially when I find a job. She abuses me in front of the kids. I suffer from depression too. She tortures me mentally. I don't get medical aid in case of injury or sickness. If I find a job and go for work, she stops giving food. I m helpless and broken. I want to save my future by getting a divorce. What is the solution to this? Pls help me. Is there a remedy or am I doomed for life? Someone told me to contact lawRato. My fundamental right of life to dignity is being violated. Please save me. I m not so good with English, so a relative of mine is typing for me.

Advocate Manisha Ambwani answered
You should leave your wife right away and file a divorce case against her on grounds of adultery and cruelty. I do not find any reason for you to continue in this marriage as there no mutual love and respect. I think you have wasted 5 years of your life, just leave her house and live independently.