Advocate Ashish Baraskar

Questions Answered by Advocate Ashish Baraskar

Q: What to do when my wife is not ready to file for divorce

i hire advocate bt still my wife says she's not giving me divorce and our marriage is 5 yr old and still we are not in phycical relationship and she had no interest in physical relationship and right now we seperate bt still she come at my hometown and she give my family and me to threaten and take a step for suicide and still she sy i am going to mahila ayog for this and said she's not giving me divorce still she alive..plz suggest

Advocate Ashish Baraskar answered
Dear friendIf there is no physical relation allowed by your wife then that is a ground for cruelty and a case of contested divorce. Secondly Mahila Ayog is not judicial authority can pass any orders so don't worry about them. Your case seems to be a good matter for divorce if contested

Q: Clarification on grounds to file for divorce

I am 35 year old women married dated 4/12/2015. My husband works in dubai. He used to come india twice in year. But we not had any sexual relation as he given reason as we will start our relation once we live together since he is trying visa for Canada through me. But after some time his behaviour changed and he is avoiding contact me. In that time my sister and sister in laws ask me about our relation and i told them truth which my husband ask me not to tell.They done patch up as on nov 2017 as i want but now he is behaving same way. Now my patience are over i want divorce but nobody with me as they think i am telling lies since i disclose truth after 2 year. Do not know how do i prove truth.

Advocate Ashish Baraskar answered
Your friend has unnecessary wasted the life of a woman by doing this it will be better 2 go ahead and pursue the marriage . Unnecessary taking divorce for no reason not good for the social fabric of our society

Q: Can bail be applied on behalf of the accused if he ran away

Hi, In a recent family fight related to property which took place yesterday my uncle attacked his cousin with a knife. In which his cousin got injured and had to be rushed to the hospital. His current status is out of danger but had got stitches on his stomach. Seeing his cousin bleeding my uncle fled from the spot before the police arrived. We do not know his whereabouts and are extremely worried as to where it would lead us. My uncle's cousin was coming to our house and threatening us from last 1 month and on the day this crime took place he was abusing my uncle's mom and sisters along with him, which led my uncle to lost his cool and get a Vegetable Knife to attack. My uncle is a law abiding person and a taxpayer with no police records in the past. What would be the sections imposed on him ? Is there by any chance we can apply for a bail on his behalf ? Please suggest the best possible solution. Thanking You

Advocate Ashish Baraskar answered
He will definitely be charged under section 307 that is attempt to murder. He has two choices one apply for anticipatory bail which is very difficult because he is charged for serious offence. Second is he has to surrender before the police and show that it is a case of Grave and sudden provocation and not intentional after which he has a fair chances of getting bail. If he will abscond for a longer period then his chances of getting bail will go on reducing.

Q: What to do if i have been accused wrongly in a suicide case

My Ex-colleague's parent filed FIR based on the suicide note of Ex-colleague while committing suicide on 03rd May 2018. Police has registred it under scetion 306 with 34 & I am one of accused. The suicide note has my name with comment that I have harassed him during onduty. The actual fact is he was on contract working under me & resigned in Sept 2017. his resignation accepted by his company & all emails are shared with me by his company. He had availed 39 leaves during first half of 2017. There is no communication with him since he resigned & left the company. how can I be accused under IPC setcion 306 with 34??

Advocate Ashish Baraskar answered
FIR are ofen registered without the application of mind and law. In case you are not arrested you have to go for anticipatory bail after that you will have to go for quashing of FIR under 482 of CRPC to the High Court

Q: How to quash an FIR filed by my girlfriend

My girlfriend lodged a criminal complaint having sexual relationship on the basis of false promise of marriage in October 2017 and we had love affair for almost 3 months before she lodged the complaint and I got anticipatory bail in November 2017 and she tried to contact me through social media and said I really apologize for whatever happened and I want withdraw the complaint and we both will get married but I didn't gave her any commitment for same and from January 2018 till date we are in love affair with each other and till now chargesheet hasn't come. We both had planned for quashing of FIR so please guide how I can go forward for quashing and does it gives positive outcome or should I go for discharge application..Which will be good for me..I am little bit confused whether to go for quashing of FIR or discharge application..

Advocate Ashish Baraskar answered
Dear friendThe legal remedy for you is causing of FIR under section 482 of CRPC. As the charge sheet is not filed you have the remedy to go to the high court and apply for quashing of FIR by mutual consent. You cannot go for discharge as the charge sheet it is not filed. Even if the charge sheet is filed I would not advise discharge under section 227 of CrPC as it takes long time and discharge cannot be filed by mutual consent you will have to go on merit.For quashing in the high court by mutual consent it will hardly take 2 weeks and your work will be done but you will require the consent and presence of both the accused and the complainant.