Advocate Naresh Shamrao Pathrikar

Questions Answered by Advocate Naresh Shamrao Pathrikar

Q: No support from the police for filing FIR

Theft was taken place police did not support me for filing FIR so i have to take order from court ie 156(3) so i got it after getting fir i went to police for forensic and a joint survey which is required by my insurance people police they refused and judge was in no mood to support me so this is my case. Can I file a write petition

Advocate Naresh Shamrao Pathrikar answered
dear client,you should have to give application to the concerned magistrate.If magistrate rejects your application then you have to file revision in sesssion court.You have to mention all the facts in support of your application.

Q: Wife left matrimonial home and not returning

my wife leaved my house immediate after quarreled with my father and sister. Her two sisters are also came with her to celebrate first birthday of my son. she leaved with her two sisters taking all jwellery and her clothes. From last eight months she had not returned infact i go there to receive her twice but refused as she want the present flat to be on my own name. presently it was on my bro name. Her mother teaches her and she acts accordingly. Can I file complaint agaist her mother as she had illegally put my wife with all jwellery on her house. I even can not able to meet my son. 

Advocate Naresh Shamrao Pathrikar answered
dear client,if your wife is not returning to your home and staying in her parental house first of all you should have to send a legal notice through advocate to your wife.if after this wife did not come for cohabitation.Then you have to file petition for restitutition of conjugal rights against your wife.and you shold have to consult a advocate.

Q: Domestic violence case against husband and in-laws

I have filed a domestic violence case against husband and in-laws for physical, mental and financial harassment. I have claimed for residence and maintenance relief in my DV application. I want to know if I will be eligible for maintenance from my husband with the fact that I am earning more than him.

Advocate Naresh Shamrao Pathrikar answered
dear client,under PWDV act you should be in a domestic relationship with non applicant.The court will grant you maintenance after considering living standard of both the parties.therefore even if income is more than your husband you are eligible to claim maintenance,if he is having property and a luxirious living standard.

Q: How to file for bail in pune

hello sir in case of 279 ipc of rash and negligence driving do i need to go to court for getting a bail? actually basically i am from punjab and FIR is registered in Pune, in punjab in case of bailable offence bail is taken in police station itself but here in maharashtra police is saying that i need to go to court to get a bail...i want to know does any state law differ or what?

Advocate Naresh Shamrao Pathrikar answered
dear client, you have not mentioned other sections that are applied with section 279 i.p.c. section 279 i.p.c.is a bailable offence and even a police officer may grant bail in such cases.Even if you approach to the magisrate court you would certainly entitle to get bail after verification of your surities.

Q: Husband having extra marital affair don't want divorce

My friends husband is having an extramarital affair with his collegue. My friend is not willing to divorce him. Is there any law where she can log a police complaint for committing adultary.

Advocate Naresh Shamrao Pathrikar answered
dear client, if your friends husband is having extramarital affair with his collegue & if your friend not willing to divorce him she can claim maintenance against him.but she can not file police complaint agaist him for commiting adultry. in india only husband can file complaint against adultry of her wife.