Advocate Bharat G. Thorat

Questions Answered by Advocate Bharat G. Thorat

Q: Can i get back my gold given to wife after divorce ?

my wife need divorce and she want my family gold which my mom given in my marriage. what to do with mangalsutra after divorce ?, is mangalsutra returned in divorce ?

Advocate Bharat G. Thorat answered
In Indian style of marriages, the bride is given Gold Jewellary in marriages. When such bride receives anything in her marriage from ny person becomes her "StriDhan". As per Indian Laws, StriDhan is an exclusive property of that woman. Hence, coming to your question, if above condition satisfies, then it becomes "StriDhan" and has to be given to her irrespective of person who has given to woman. I hope you find above answer satisfactory

Q: What to do if my husband is having extra marital affairs ?

My husband is having extra marital affairs, we are married since 2010,he is Muslim and I am Hindu. we got married under Hindu marriage act. I want to send him jail.. he is having so many extra marrital affairs. I already collected all proofs of his ofence. please help me and inform me how to stop husband extra marital affairs?, can wife file case against husband for extra marital affairs ?

Advocate Bharat G. Thorat answered
Considering your verbal statement there are many options available with you. 1.You can file domestic violence complaint in a Magistrate court. 2. You can also file divorce petition in family or other concerned court for Divorce on thia ground. 3. Meanwhile, you can apply for interim maintenance as well. However, upon your insistence to send him in Jail, if your Husband is indulged in an Adulterous relations then you can Make a criminal complaint before Magistrate

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.