Advocate Surendrasinh A Thakor

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Questions Answered by Advocate Surendrasinh A Thakor

Q: My parent's in law's forced to my wife for divorce

When I was not at home, my father-in-law came to my house and took my wife by force. Now they do not allow me to talk with her.And the next day when I went there to pick up my wife, she beat my wife and told me not to come with her and called me to get a divorce.now what I do

Advocate Surendrasinh A Thakor answered
what you are telling is true then you can file complain against your father in law if if your father in law does not allow your wife Tu kam with you den you can approach police station your wife can also take help of police

Q: Guidance for Divorce process and maintenance

Hello, this question is for my sister. She is married for 18+ yrs and has a daughter (18) and a son(9). Her husband has never been able to support family financially as he keeps on do petty business. Condition worsended so much that he no longer could pay for food in house, leave alone kids school fees or other expenses to support life. He also does not allow my sister to start any job stating that she needs to take care of family. They live in her father in law' apartment. Though her father and mother in law stay at another apartment and said that they are least bothered about his sons marriage issues. My sister wants to part ways now as she wants her kids to have better options. We seek guidance on how we should go about divorce and seek maintenance or alimony to support her and her kids to survive.

Advocate Surendrasinh A Thakor answered
you can file your case in family court under section 125 CRPC fordham maintenance of your sister and children you can also file case against your jijaji for for domestic violence India Police Station

Q: Wife threatening with false dowery and other cases against family

I got married on 9th feb -2020 and my wife left he on 6th march -2020 to celebrate holi at her maternity home. Aftet 2 days she called me and asked for divorce on notrise stem paper while I am not ready for it. Now she is threatening with dowery and all the laws in favour of women to sign it. What should I do now? Also, After merriage she didn't allow me physical relation she put condition for six month means we never had any husband wife realtion in that case is she eligible to file cases? Secondly I m not interested it to take her back since she cheated me I won't give them lesson and how would I do that?

Advocate Surendrasinh A Thakor answered
where is your wife staying with your in-laws if you do not want to give divorce den you can file you are matter in family court you can file case case in the family court under section 9 stamp paper divorce is not valid legally . if you want you can a s k you are wife to file divorce case aur you can file divorce case under section 13b

Q: Cheque given against settlement returenef

I had file 4 cases u/s138 against a party for 11.50 approx in the year 2012/13 after the case was taken for argument the accused requested for a settlement as I had received approx 5.00 lacs vide various mode from the accused in these year the amount which was pending was approx 7.00 lacs for which a mou was made mentioning the case nos all 4 for withdrawal for which the accused had given me cheque for Rs. 3.50 lacs of April 2020 and the copies of the mou was presented in the court while withdrawing the cases. Due to the lockdown I on humanitarian grounds did not deposit the cheque on the said date but deposited the same on 3/7/20 which was returened with the memo of drawer stopped the payment. Pl advise me for the further course of action by me. Can I file police complaint for differing the commitment, contempt of court settlement Pl advise ASAP

Advocate Surendrasinh A Thakor answered
you can file police complaint narrating the pics of the cheque return can also approached the court you may send notice aur later Tu t h e accuse and information about the cheque return if he is ready to give the payment then good otherwise you can proceed further

Q: I had a divorce wih my wife i want to child custudy

I took divoce wiht my wife i have 12 year old child and he leave with my wife now my wife marry to some one and she want to him leahgaly father of my child without my permission court does not allow custudy to my wife child custudy is both of us in this time my quetion is can any make father of my child without my permission? My name is mahesh patel and iam hindu

Advocate Surendrasinh A Thakor answered
when you do the diverse when you took the diverse n what is the court order for your child if your child you should you should contact the court file new case for the child custody at that time give permission to meet your child in a week time or in a month time ok