Advocate Pallavi Digambar Sonawane

Questions Answered by Advocate Pallavi Digambar Sonawane (50+ answers)

Q: How to withdraw domestic violence case ?

I have filled a dv case against my husband 7 months a ago and now just want to withdraw my case. but my advocate are saying its a big risk, opposite party can also do case against me, but my husband stays in Dubai, he attended 3 herring and then went back but advocate are doing nothing, so I just want a divorce and don't want to continue this case. can domestic violence case be withdrawn ? I'm Muslim, so my advocates are saying i can't go to family court I have to go to some masjid where they do divorce. please advise thanks and regards,

Advocate Pallavi Digambar Sonawane answered

Hi, as per Muslim law, you cannot take divorce through the Family Court. You have to obtain a Khula (divorce) from the Qazi. Under Muslim law, if you live separately for more than three years, your husband has the right to marry again.

Regarding the Domestic Violence case, if you wish to withdraw it, you need to file a simple petition to withdraw the case in court. There is no harm in withdrawing the case if you want to do so voluntarily.

Q: Regarding Amendment Of Negotiable Instrument Act 2017

I want to ask whether these amendments of negotiable instrument act 2017, that interim compensation of amt 20% would be given to the complainent at summary stage or at summons stage is applicable to all existing cases pending in the court or it is for new cases which would be registerd from now onwards ?

Advocate Pallavi Digambar Sonawane answered
1THE NEGOTIABLE INSTRUMENTS (AMENDMENT) BILL, 2017ABILLfurther to amend the Negotiable Instruments Act, 1881.BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India asfollows:—1. (1) This Act may be called the Negotiable Instruments (Amendment) Act, 2017.(2) It shall come into force on such date as the Central Government may, bynotification in the Official Gazette, appoint.2. In the Negotiable Instruments Act, 1881 (hereinafter referred to as the principalAct), after section 143, the following section shall be inserted, namely:—‘‘143A (1) Notwithstanding anything contained in the Code of CriminalProcedure, 1973, the Court trying an offence under section 138 may order the drawerof the cheque to pay interim compensation to the complainant—(a) in a summary trial or a summons case, where he pleads not guilty tothe accusation made in the complaint; andShort title andcommencement.Insertion ofnew section143A.2 of 1974.26 of 1881.Power to directinterimcompensation.AS INTRODUCED IN LOK SABHABill No. 281 of 2017510

Q: Relationship with a woman undergoing divorce procedure

My friend got married 2 years back and her husband for one week he is good and later after few days within 2 weeks he started showing his reality he used to torture her and beat her even once when he beating all neighbours came and warned him and her parents taken her to her home back and for him we filed a cases against him 4 cases 2 she team cases 1 harassment case and other also same by her sister. Her sister filed because he try to say, everyone, that my friend was having affair with her sister husband so her sister also filed a case on him. My friend and her husband not living together now and my friend applied for divorce and he is not accepting and yesterday they send her summons to her.actually, I love her from my childhood till now I dint told her but after this divorce, I want to marry her so I m waiting and she and he separated and is there anything illegal if I talk with her normally now or it comes under adultery till she gets divorced

Advocate Pallavi Digambar Sonawane answered
HiThanks for u r query. If you like your freind from childhood then nothing will be wrong . You like her and care for her . But now she got marry someone ealse. And both of them having conflict in their relation. So if they taking decesion to divoce and seperation and you talk with her and giving moral support to your childhood freind then nothing will be wrong and its not amounting adultery.

Q: What legal rights does muslim step son have in mother new home

I am 22 years old muslim bohra boy in India.My mother did second marriage and i am her child from 1st husband, she divorced him as he used to treat her in a very ill manner. After a court case, my mother got my custody. Now when she did second marriage, the new familys seniors such as my moms mother in law are not accepting me and mentally harassing me to leave the house as im the step son in that family. in this case can i file a police complaint against my moms mother in law for mental harassment and rejection of step son after marriage. because first she agreed to keep me, later she changed when she got new boy child from my mother. What shall I do?

Advocate Pallavi Digambar Sonawane answered
Hi.Thanks for your question. Firstly when your mother got your custody at the time of divorce then plz chek out whether your first father secure your rights in their property or not. And after performing second marriage your mothers second father legally adopted you are not. If he adopted you then u r legal right secure in their home if not then you claim from your actual father's property also . Accepting and rejecting you is not your grandmothers view. Its only question of your 2 nd father. And if grandmother harrasing you then file police complaint against ill treatment given by herside.

Q: How to recover the money from the company

I had given money to a company against getting a firm for digital voter id card. this was done in 2017 april and nothing has been started yet. niehter the services nor money has been returned. i want my money back now.what needs to be done for the same ?

Advocate Pallavi Digambar Sonawane answered
Hi.Thanks for asking query.If you pay that company and against your payment if company not giving digital voter card as per they promising , then if u have receipt of payment then lodge cheating complaint against that company or ask for returning money as early as possible.