Advocate Subhedar Amar Ali

Questions Answered by Advocate Subhedar Amar Ali

Q: Legal advice regarding false FIR threats & marriage pressure

मैं पुणे में रहता हूँ। महिला से सहमति से संबंध था, पर शादी का वादा कभी नहीं किया। ब्रेकअप के बाद वह और उसका परिवार आत्महत्या की धमकी देकर शादी का दबाव बना रहे हैं और झूठी FIR की धमकी दे रहे हैं।1. इस मानसिक दबाव व धमकी से बचाव के क्या कानूनी उपाय हैं?2. अगर वेस्ट बंगाल में FIR होती है, तो पुणे से Transit Bail कैसे मिलेगी?3. क्या सुरक्षा के लिए पुलिस में Informative Letter देना चाहिए?

Advocate Subhedar Amar Ali answered
Right now, try to gather as much as evidence that shows the relation was mutual and not based on a promise to marry. let them make the first move. police won't issue an arrest warrant. First you will get a notice to appear and help investigation process.

Q: Request for Family Mediation and Guidance

I need one or more people who can speak with my wife’s relatives. It’s not anything too complicated. Before our marriage, they had agreed to certain things, but now they are denying what was previously decided.I just need someone who can talk to them calmly, explain the situation, and help them understand that they should honor what was agreed upon. They don’t necessarily have to be a lawyer; even a counselor or someone experienced in handling such situations would be helpful.please reply on my whats app no so i will contact him or her

Advocate Subhedar Amar Ali answered
you can approach the mediation center in a court near you. Bandra family court if possible. seek prelitigation mediation settlement. a mediator who is an exjudge or senior lawyer will be appointed mediator who will help you reconcile. The mediator will help you draft a mediation agreement which is as binding as a court decree. violation of the clauses of the agreement amounts to contempt of court. Proceedings can take place through video conferencing

Q: Documents Addmiting Exabiting. Closing Realated

“In an ex-parte case, the Court directed me to submit all relevant documents before the last date. I submitted the documents on the last date given by the Court. The next stage shown in the case is now ‘Admission/Exhibiting of Documents.’ If the documents are admitted and exhibited on the next date, can the Court also close my evidence on the same date and proceed to the stage of final arguments, considering that the case has already proceeded ex-parte?”

Advocate Subhedar Amar Ali answered
Yes. The next stage would be exparte arguments. it would be better to make written submissions rather than oral arguments. your lawyer can make oral arguments to demonstrate the significance of the evidence. The court will take time to review your submissions as the other party is absent.

Q: Child custody of us citizen kid

Separation proceedings are going in the us. Now I’m in India with kid. Both husband and wife are Indian citizen , got married in India. I recently travelled India and then my husband filed restraining order there for changing residence of the child. How can I get full permanent custody of my child in India. If filed sole guardian petition in India , is there any chance of dismissal of the case as one case is already going in the us. What will happen to the us case? Looking for genuine advice

Advocate Subhedar Amar Ali answered
If your child is five or under five, the custody will be with you. the supreme court in India is very clear that custody of kids under five in India shall be with mother's. US and India do not have any bilateral treaty to enforce judgements in each others countries. so you can file for sole custody of the child in your hometown under the guardian and ward act. you can also mention that you have no issues offering visitations to father or virtual contact through video conferencing.

Q: Dispute over money things, abused by husband

Me nd my husband living separately since 8 months.I wanted to live with him but he chnageo his address and my own things are with him. But he refused to tell his address and threaten and abused my family. He is not taking the responsibility What should I do now?

Advocate Subhedar Amar Ali answered
You should file a maintenance case and a DV case immediately. You can file the DV case under the entire family. It is your best option to recover your streedhan and enforce your rights as a wife. If you want to avoid cases and seek reconciliation, file for prelitigation mediation settlement for reconciliation. apply at the mediation center in a court nearest to you for it. Don't require a lawyer for it