Advocate Rani Sonawane

Questions Answered by Advocate Rani Sonawane (25+ answers)

Q: Alimony recovery issue in court and husband is absconding

The court order and granted permanent alimony of 30,000/- per month. A Darkhast/execution case is pending to recover the unpaid amount. The judge is not issuing an arrest warrant because the previous address failed and a present address is required.

Advocate Rani Sonawane answered
File a fresh execution application with the respondent’s latest known address, seek substituted service/attachment of assets if appropriate, and request coercive steps for wilful non-payment. If the present address is genuinely unavailable, seek court directions to obtain it through lawful means.

Q: Property dispute: Parents owned flat occupied by wife

My wife and I lived in a flat owned by my father. I have now filed for divorce. My wife has continued to occupy the flat and filed a petition claiming it is her matrimonial/shared household and that she should not be removed. My elderly parents, who own the flat, want to return and live there. I am willing to provide my wife with alternative rented accommodation within what I can reasonably afford. Can I request the court to allow my parents to regain possession of their flat?

Advocate Rani Sonawane answered
The parents’ ownership and genuine need to reside in the flat should be strongly placed before the Court.Avoid seeking forcible eviction of the wife.Acknowledge and protect her residence rights under the DV Act.Offer her suitable alternative rented accommodation.Husband may undertake to pay reasonable rent directly.Give the wife 30–60 days to shift peacefully.Permit her to take all personal belongings and stridhan.Parents should thereafter be permitted peaceful possession of their flat.Record the entire arrangement through a consent/interim order.This provides a practical WIN–WIN solution protecting both the parents’ property rights and the wife’s residential security.

Q: My partner is facing constant marriage pressure from her parents

My name is SM, this is regarding family and marriage pressure my partner is facing right now, she is 28, her parents is forcing her to marry their selected one but my partner does not want to marry. Since a year she kept on telling that she is not interesting in arrange marriage but family is not listening, infact family finalized the engagement date. So, because of all these, my partner moved out from her house and tell she will not return home, now she is in hotel since 4-5 days, 2-3 hours awa

Advocate Rani Sonawane answered
She, being an adult, may reside safely at a place of her choice and cannot be forced into marriage. Seek police protection if threatened. Both parties should attempt counselling/mediation; parents should respect her autonomy and avoid coercion or harassment.

Q: My wife is working but still she taking alimony amount

I found that my working in one Pvt school. Previously court order me to give monthly maintenance temoporariroy till she get any job and once she get jobb she will inform the court but she is not yet inform and from last 1and half year she is working in Pvt school what should I do

Advocate Rani Sonawane answered
If she is working then she cut a claim the maintenance amount. once she get job then she should leave the maintenance amount. now you need to inform court and stop giving maintenance so file suit before the court and stop/ save your money. thank you

Q: While announcing of , Violation of IPC 188 section by me

Is there any difficulty of this section on my private job?

Advocate Rani Sonawane answered
in that case service is not affected because you are not a public servant domestic matter is a family matter in domestic matter maintenance and action order can we pass against you and if didn't pay the maintenance you didn't over the order of the court warrant can be issued against you then also your service is not affected section 188 of IPC is said that medians took order duly promulgated public servant and if you have a private job 188 not applicable to you section 188 of IPC is related to public servant hello violence matter is file against public servant it is not come attract under section 188 of IPC