Advocate Sachin Pawar

Questions Answered by Advocate Sachin Pawar

Q: I Have A Question Regarding Child Custody

I have a question. My brother is seeking a divorce and wants to obtain custody of his children. This matter belongs to a Muslim family. The children are aged 8 years and 12 years.Under Indian law and Muslim Personal Law, is it possible for the father to get custody of both children?So far, the children have been entirely cared for and raised by their father. The children even address their mother by her name and are not emotionally attached to her. In such circumstances, can the court grant custody of both children to the father?

Advocate Sachin Pawar answered
Yes, it is legally possible for the father to get custody of both children, even in a Muslim family, but the decision will always depend on the welfare of the children, which is the supreme consideration under Indian law.Under Muslim Personal Law, the mother normally has the right of hizanat custody of minor children at a younger age. However, this right is not absolute. Courts in India consistently hold that personal law is secondary to the best interest and welfare of the child, as laid down under the Guardians and Wards Act.In your case, the children are 8 and 12 years old, have been continuously raised by the father, and are emotionally bonded with him. The fact that they are not emotionally attached to the mother and that the father has been the primary caregiver strongly supports his claim. Courts also consider the child’s preference, especially for a 12 year old, if the child is mature enough to express an independent view.If the father can show stable living conditions, proper care, education, and emotional well being, the court can grant custody of both children to the father, even overriding the mother’s claim under personal law.These matters are very fact specific. Proper presentation and evidence make a big difference. You should consult in detail so the custody case is planned correctly from the start and the children’s welfare is effectively demonstrated before the court.

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.