Advocate Pravesh Sobhani

Questions Answered by Advocate Pravesh Sobhani (25+ answers)

Q: Use of photo without consent in an advertisement

I was seeing reels on insta when I suddenly came across my and my daughters photo that was clicked in a playzone and they have used it in an advertisement. They haven’t taken any consent from any family member of mine. I want to ensure they delete whatever photos they might have and also ensure they have a proper system to take consent of individuals

Advocate Pravesh Sobhani answered
Based on the facts and applicable laws, you should first preserve all digital evidence including screenshots, links, and details of the advertisement. Thereafter, immediately issue a formal legal notice to the playzone demanding removal of the advertisement, permanent deletion of all photographs, a written apology, and compensation for violation of privacy and mental harassment. Simultaneously, file a privacy violation complaint with Instagram/Meta for immediate takedown of the content. If the establishment fails to comply, you should initiate further legal action by filing a criminal complaint under Section 66E of the Information Technology Act, 2000 and relevant provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 74, 79 and 351. Additionally, you may file a complaint before the Consumer Commission for deficiency in service and unfair trade practice under the Consumer Protection Act, 2019 and seek appropriate compensation. As a final remedy, a civil suit for damages and injunction can also be instituted. This step-by-step approach will ensure effective legal redress and protection of your rights.

Q: My Appliances got damaged due 2 high voltage by Electricity Department

I need advocate for filing case against electricity department in consumer court. Kindly share full formalities and procedure. Thanks

Advocate Pravesh Sobhani answered
Prior to filing a case in consumer forum-First the legal notice is to be served to the concered department.Second is the documentation process is to be done accurately, to detemine the damages done.Third is to file a complaint.Thanks

Q: Online Bank Fraud happened in name of Online Job

I deposited Rs-10000 to a fraudster, who spammed my son in favour of online job. I have did complaint to my bank for chargeback of transaction. Please guide me what legal procedure I can follow in case I didn't not received my money. I also need advocate for same to file case against bank in consumer court. Thanks.

Advocate Pravesh Sobhani answered
First you can file a case against the bank in consumer forum, then you can ask the bank to furnish information of that Fraudster account and accordingly you can file A FIR against that person.Thanks

Q: Maintinance of children and wife

I am earning 55000 ,my wife is not earning i have 18year old son and 17 year old daugter how much i have to give in maintinance.

Advocate Pravesh Sobhani answered
The maintenance amount is not fixed and depends on several factors, including the income of the husband, the needs and standard of living of the wife and children, and the number of dependents. As per Section 125 of the Criminal Procedure Code (CrPC), the court takes into account the financial status of the husband and the reasonable needs of the wife and children.Considering you earn 55,000 per month and your wife is not earning, you will be required to provide maintenance for her and your two children. The court generally awards maintenance between 20-25% of the husband's gross income, but this can vary.

Q: Meri wife kya kya ligation laga sakti h FIR me or kya action hoga fir

Meri wife ne mahila thane me complaint kiya h ki mera pati mujhe le kar nahi ja raha h or ab FIR ka bol rahi h. main uske santh rahna nahi chahta. Agar FIR hoti h to kya hoga kya police direct arrest karegi mere father ki govt job h to us par kya effect hoga

Advocate Pravesh Sobhani answered
Agar aapki wife ne mahila thana me complaint kiya hai ki aap usse le kar nahi ja rahe hain aur FIR darj karane ki baat kar rahi hain, toh yeh case Section 498A of the Indian Penal Code ke tahat ho sakta hai. Yeh section domestic violence aur cruelty ke cases ko cover karta hai. Agar FIR darj hoti hai, toh police investigation shuru karegi. Agar aapko galat paaya gaya, toh police aapko aur aapke parivar walon ko (jo is case me named hain) arrest kar sakti hai.Effects on Your Father’s Government Job:1. Arrest: - Agar aapke father ko bhi FIR me named kiya gaya hai aur unhe arrest kiya jata hai, toh unki government job pe direct impact ho sakta hai. - Government jobs me arrest hone par suspension ya disciplinary action liya ja sakta hai, jo depend karta hai employer ke policies par.2. Conviction - Agar conviction ho jati hai (matlab court ne aapko ya aapke father ko doshi paya), toh government job se dismissal ho sakta hai.