Advocate Sachin Pawar

Questions Answered by Advocate Sachin Pawar

Q: Gold Aurnaments gifted to son in law Related

Do gold aurnaments gifted to son in law are need to be returned at the time of divorce? Are family of women/wife have right to demand them in return? Are they considered as Streedhan in Court?

Advocate Sachin Pawar answered
This is a common doubt and the answer depends on who the jewellery was gifted to and for what purpose.Gold ornaments gifted to the wife by her parents or relatives at the time of marriage are treated as Streedhan and she has full legal right over them. She can demand their return at any time, including during divorce, and the court will support this.However, gold ornaments specifically gifted to the son in law and meant for his personal use are not automatically Streedhan. In such cases, the wife or her family must prove that the jewellery was actually given for the wife’s benefit or was retained by the husband on her behalf.Courts look at facts like who paid for the gold, who was using it, where it was kept, and whether it was intended as a gift to the wife or husband. There is no blanket rule.Since jewellery disputes often turn on small details, it is important to assess the facts carefully before taking a stand. You may consult me with details so I can guide you on how courts are likely to view your specific situation and how best to proceed.

Q: Jurisdiction For Filling Divorce

My wife live with me together last Mumbai Goregao. Than we seperated. My marriage was done in Nashik . Today I am living in Gujarat. I want to file Divorce. Mumbai is Jurisdiction for filling Divorce?...I have rent agreement of that time when we lived together in Mumbai. My Aadhar card of Gujarat

Advocate Sachin Pawar answered
Let me explain this in a simple and practical way.Yes, Mumbai can be a valid jurisdiction for filing divorce. Under the law, a divorce case can be filed in the court where the marriage was solemnized, where the husband and wife last lived together, or where the wife is presently residing. Since you and your wife last lived together in Mumbai (Goregaon), Mumbai Family Court has jurisdiction. Your rent agreement of that period is good supporting proof.The fact that your marriage took place in Nashik also gives jurisdiction there. Your present residence in Gujarat does not stop you from filing in Mumbai, though filing where you last cohabited is legally sound and commonly accepted.Aadhaar address is not decisive. What matters is proof of last shared residence, which you already have.Before filing, it is important to choose the court wisely to avoid objections or delay. If you want, you can discuss the full facts with me and I will guide you on the safest jurisdiction and correct procedure so your case proceeds smoothly without technical issues.

Q: Divorce Under Section 13(1A)(ii)

Family court passed Exparty decree favour of me(Husband). I was sent a notice to wife to perform conjugal Rights. Wife received but not come..Now 1 year complete to this Order. I want divorce. Wife filled Domestic Violence case against me but that's Dismissed. Seperation petion 4.5 years. Wife also mentione my both brothers in DV ..Court passed two orders and droped both from DV case...Wife also filled Interim application in DV case ..court passed order that wife does not intrested in Maintainance so application stands in record

Advocate Sachin Pawar answered
Based on what you have shared, you do have a valid right to seek divorce.The Family Court has already passed an ex-parte order of Restitution of Conjugal Rights in your favour. Even after receiving notice, your wife did not join you and one full year has passed. This by itself is a recognised legal ground for divorce.On top of this, you have been living separately for more than 4.5 years. The Domestic Violence case filed by your wife has been dismissed, your brothers have already been discharged, and the court has also recorded that she is not interested in claiming maintenance. All these facts clearly show that the marriage has broken down and there is no real intention from her side to continue the relationship.The next step would be to file a divorce petition on the ground of non-compliance of the RCR decree and long separation, while properly placing all previous court orders on record.Since matrimonial matters need careful handling and correct drafting, it is advisable that you approach me directly with the complete case papers. I can then guide you personally and take the matter forward in a safe and effective manner, keeping your interests fully protected.

Q: Legal Advice Required on Marriage Registration and Potential Domestic

I am having a dispute with my spouse and her family regarding rituals such as thavan. My wife lived with me for only four days after our marriage, and thereafter she has not stayed with me for the past six months. Now, her family is insisting on “registering the family/marriage” in Mumbai. I would like to understand whether marriage registration is legally compulsory in Mumbai/Maharashtra. I am also concerned whether this situation could later be used to file a Domestic Violence or dowry demand

Advocate Sachin Pawar answered
I understand your concern, and it’s good that you are thinking ahead. In Maharashtra, marriage registration is mandatory, but it only records the fact of marriage; it does not mean that both parties lived together happily or that all rituals were completed. Registration by itself does not strengthen any false case.Rituals like thavan are social customs and are not legally compulsory. The fact that your wife stayed only four days and has been living separately for six months is legally important. These facts should be properly documented, as they can help you later if disputes increase.Regarding your fear of DV or dowry cases, such cases are not automatic. They depend on specific allegations and evidence. However, when relations are already strained, even small steps should be taken carefully and with legal guidance.Before proceeding with registration or responding to her family’s pressure, it is better to assess the legal risks and protect your position. I would advise you to consult me with full details so I can guide you on the safest course of action and help you avoid future complications.

Q: Legal Advice on Emotional & Financial Abuse of Working Wife by Husband

My mother has been in an emotionally, verbally, and financially abusive marriage since 1997. She was belittled by her husband and in-laws and lived in her father-in-law’s house until 2020. Despite having a government job, her income pays for household expenses, children’s education, and her widowed mother’s medical needs, while my father used his income for personal savings and his parents. He now threatens eviction, disrespects my maternal grandmother, and contributes nothing after retirement.

Advocate Sachin Pawar answered
What your mother has gone through is serious, and the law does recognise this kind of suffering. Emotional, verbal, and financial abuse all fall within the definition of domestic violence, even if there is no physical assault. The fact that she has been bearing household expenses, children’s education, and her mother’s medical needs, while your father avoided responsibility, is legally relevant.Threatening eviction from the shared household is not lawful. Your mother has a right to residence and cannot be forced out. Even after retirement, your father has a legal duty to maintain his wife, irrespective of her having a job, especially when he is neglecting her and acting with cruelty. Disrespect towards her aged mother also strengthens her case.She can seek relief under the Domestic Violence Act for protection, residence, and monetary support, and may also consider maintenance proceedings or other appropriate remedies based on her situation. Long years of abuse are taken seriously by courts, even if action is taken later.This situation needs to be handled carefully, keeping both legal rights and emotional well-being in mind. I would suggest discussing the full facts in detail so the right legal steps can be planned to secure her safety, dignity, and financial protection.