Advocate Abhishek Moreshwar Gokhale

Questions Answered by Advocate Abhishek Moreshwar Gokhale (50+ answers)

Q: How many days is a police complaint valid after a legal notice in criminal cases, and after how many

What is the time limit to file a criminal case after sending a legal notice in criminal cases, and how many days is a police complaint valid?

Advocate Abhishek Moreshwar Gokhale answered
As such, there is no strict time limit to file a criminal case, but if it is a continuing offense, then the criminal case can be filed at any time. If you are unsure how many days police complaint valid, it depends on the nature of the case and applicable legal provisions. Kindly contact me to discuss the matter in detail and proceed with filing an online police complaint or a private complaint.

Q: Can text messages be used in court to prove adultery ?

My brother's wife is cheating on him. I have collected few proofs from the people she used to chat through text messages. how to prove adultery in court ?,Please advise if the contact numbers and messages could be shown as evidences.

Advocate Abhishek Moreshwar Gokhale answered
Yes call recording n photographs can be admitted by the court and it can be produced as evidence for any particular case and you can go for divorce in the family relying on that evidence and also which will be helpful for your case

Q: How to recover money lent to friends without any proof ?

Dear Sir, I am from Mumbai, Maharashtra. My father has given a Rs. 3 Lakh to one of the local Political activist in year 2010 as he said that he will give us a property against that money under rehabilitation scheme for slum people. We have paid Rs. 2 Lakh by Cash and Rs. 1 Lakh by Chaque. But still 2015 he has not given us the property, so we have asked our money back. He has given us Rs. 1 Lakh by Chaque on 2010 and told us he will give remaining money after few days. Even though coordinating with him, he is not giving remaining Rs. 2 lakh to us till date. We have not done any paper work while giving money to him. Also, While giving money to him, My brother and my father was present over there. Can you please advise me what are the legal options available with us?? shall we file police complaint against him? how to recover money without proof ? Awaiting for your valuable advise. Thanks, Regards

Advocate Abhishek Moreshwar Gokhale answered
If you don't have documented proof, try to gather witnesses who were present when you gave the money, or collect any text messages or call recordings as evidence that the money is owed. Secondly, a case under Section 420 IPC (now Section 318(4) of BNS) (cheating) can be registered only if the person who took the money is now denying having received it. For further discussion on legal remedies, feel free to contact me.

Q: Bike dealer forcing to take the insurance from them

Hi Sir, I am purchasing a new bike on loan. The loan got disbursed and paid to the dealer via NEFT now the dealer is forcing to take the insurance from them only not outside or he will not deliver the bike. what should I do, please guide accordingly.

Advocate Abhishek Moreshwar Gokhale answered
it is your own will to take insurance from where ever you want to take the bike dealer cannot force to take insurance from him but if you take the insurance from the bike dealer you might get good discount

Q: Mutual Consent divorce wajve off of cooling off peruod of 6 month

We are seeking a mutual consent divorce and me n wife have separated for last 17 months. As per supreme court verdict dtd 13 Sept 2017 this cooling off period is not mandatory subjt to certain conditions. Please conf would i get a waive off of 6 mths as per the above in family courts and if yes, what would be condotions for availing this

Advocate Abhishek Moreshwar Gokhale answered
cooling off period is not required in current scenario you have valid ground for filing the divorce under mutual consent the case should be filed in the family court and further on the same date mediation with the counselor need to taken kindly get in touch for further discussion