Advocate Bharat G. Thorat

Questions Answered by Advocate Bharat G. Thorat

Q: Wife mentally torturing by threatening to file Domestic violence case

i I have been married since last 10 years. I have been being mentally exploited by my wife in the name of DV. She is also not mentality stable.Using the abusing language, some time threaten to kil me or suicide. I am planning to file complaint against her as I cannot bear anymore with her.please suggest. She is using a provocative language so that I loose my patience and do something wrong so that she can take the advantage of DV.She also does want live with me but she is not getting any proper reason for this That is why she is doing all this.She is just waisting all resources in house sob that I need to expend extra. Please support

Advocate Bharat G. Thorat answered
In this case you can file a NC complaint against your wife stating all these harassment by her. Also, if you wish you can go for divorce on the ground of cruelty. So far, as her threats to file a DV case are concerned write a letter to Senior Police station of your Local Police station and ask him to take action in this regard.

Q: FIR lodged against India company by economic offence wing

FIR has been lodged against an Indian company for exporting Composite cylinder which were modified without approval from PESO.The complaint was lodged by a company abroad with EOW. Now what will be the further course of action after FIR will the company have to pay compensation or it may lead to cancellation of license? N what will be the time frame involved in settlement of this case?

Advocate Bharat G. Thorat answered
In case of Criminal proceedings initiated against you, Prosecution will have to conduct its case against the Directors who were in charge of the company at the time of commission of offense which is the usual procedure, unless the director/s proves that he was not in charge. since, the FIR is lodged you will be given a copy of Chargesheet (Final Report u/s. 173 of Cr.PC) and then the Concerned Directors will be called in for framing of charge. If the Directors refuse to admit the offense then the matter will proceed for Trial of case. However, in this case there is punishment of 2-3 years and/or fine. However, whether to cancel the License granted to your company cannot be decided in this criminal proceedings. It is the solely with Chief controller to decide.

Q: Leakage problem in house caused by other resident in building

i had purchase flat in navi mumbai Ulwe. Get possession in Dec 2017. Now i am facing leakage problem to my full room ceiling. Builder saying it is due to additional bathroom construction by 4th floor member. & that member is not doing anything for that leakage. What should i do now

Advocate Bharat G. Thorat answered
See the Agreement of Sale in respect of flat first, what is the structural guarantee given by the Builder and then also ask the person residing upstairs to make repairs. You need to send a legal notices to them for effective and swift action. In your case You can file a complaint before Consumer Grievance Forum asking for compensation and directions to Builder to make necessary repairs. For more clear advice the documents in respect of flat are required to be seen.

Q: Registration of flat when builder not signing & asking more money

I have puchased a flat in Mumbai 1990. I have not paid stamp duty and registeration fee while purchasing the flat as i was told by the builder to make it later within 3 months as i was having shortage of money. Now after 27 years the builder refused to sign and asking for money under the table as donation. Though i have Rs 2500 ticket stamp on my sale agreement when purchased in 1990. What is it ? How can i register the flat in my name when builder not signing and asking more money ? is their any other way to come out for registeration purpose ? pls. help as i want to pay registeration and stamp duty fee legally.

Advocate Bharat G. Thorat answered
At the time of execution of agreement, a clause is always incorporated for registration and stamp duty on the concerned document. If in your agreement, clause says that Builder shall bear the costs of registration and stamp duty then You have a remedy of filing a suit in the civil court asking for the registration of document and payment of stamp duty, if any. First of all, you require a written correspondence for that. This advice is based upon your question and for clarity in advice documents are required to be seen.

Q: Father is alcoholic and torturing me always physically and mentally

I’m a 19 year old girl. My dad is an alcoholic. I’m the only child. He always wanted a son so he keeps torturing me bcz of that. He abuses me a lot & tortures me physically. Today he pulled my hair n was holding it too tight so inorder is self defence I scratched him with my nails. After that he removed a big sword and came to kill me my mother came in between & got herself injured. I’m scared to live with him now. I want to move out of here. But since my dad has a lot of political contacts I’m scared. What shall I do? Please help me cz this man is mad and can kill me any moment

Advocate Bharat G. Thorat answered
first of all. You must report this incident to the local Police station. they will register one Non-congnizable complaint and follow their usual procedure to ensure what is necessary. In your case it appears to be grave incident but first you must report to the local police station.