Advocate Dinesh Gaikwad

Questions Answered by Advocate Dinesh Gaikwad

Q: In brief, I was cheated by girl in a matrimonial website.she put up fake pictures and fake informati

In brief, I was cheated by girl in a matrimonial website.she put up fake pictures and fake information and got me trapped emotionally into her sob story of critically ill father being treated under ICU. I ended up with transferring my hard-earned money to her to her her father, without even meeting her.. After 6 months, when I got to know her truth, she came to meet me for the first time and promised me to return the money. 2 months passed by and she failed to return my money, when I approached the police. After 6-month struggle, I got FIR lodged. She filed anticipatory bail in session and high court, which got rejected immediately. After that her family approached me to settle the case for nothing but to buy time before she could get arrested and get out in 15days on medical ground. My lawyer didn't try to make it conditional bail. Now the case is pending in Andheri court. I want to know what are the options I have to recover the money. First transfer I had made was in August 2017.

Advocate Dinesh Gaikwad answered
Now first up all you file recovery suit and in such suit make party his father also and before that search that they have any immovable or movable property. if they have property the file a suit and in such suit file an application for attachment before judgement such property. If you file such recovery suit and file an application for attachment they give your money suddenly. And also take copy of bail order and challenge or file an application for breach of condition and for that cancellation of bail.and also file an application for cancellation of bail that she taken conditional bail on wrongfullgrond.

Q: Married man having physical relation & love with girl & girl knows & no promise of marriage but girl

Hi my brother in law is 31 & has a daughter. He had physical relation & affair with UNMARRIED 26 yr old colleague of his wife for last 3 years. Without knowledge of wife but the girl knew he’s married & he didn’t promise marriage. But he said he loves her & he is bored of his wife but cannot leave her. Now the girl wants to marry. Can the girl claim marriage rights & do case? Can my brother in law put harassment case on the girl? Can my sister make case on her husband & also on the girl for cheating & still not give divorce? What sections would apply? All Hindus by religion.

Advocate Dinesh Gaikwad answered
Answer for 1st question. that the girl can claim for marriage rights, then yes and she has right to file case.second question. that your brother in law also right to file case for harassment. In all such situation your sister has vast rights she can file domestic violence case, maintenance case, and also file cheating case with section 498 of IPC and also 420 on such girl.

Q: Criminal case FIR ipc sec 323;326,34,

Sir, my family include me involve by a false case of 326 my case status is disposed we not spent a min in jail nether lockup complainer tell they will take there case after 3 month i am not convicted will my past trouble be effect in my C1D visa in future help me out sir pls.

Advocate Dinesh Gaikwad answered
no, you don't have any problem about your Visa. because you are not convicted means you are acquitted from the offence. so nothing any problem and don't take any tension.And most important things that you collect the judgement copy with certified by court two or three copies and one of them copy given in certain police station and one of superintendent of police office or commissioner of police office. And taken o/c from such offices. for verification. And also to record it in your crime. If kn future any issue arises then such copies will help you.