Advocate Pradnya Pednekar

Questions Answered by Advocate Pradnya Pednekar

Q: I had filed my case against my wife she is not willing to come back to

I had filed case against my wife she doesnt want to live with me and have marreid life with me ny case has compketed 3 years nownd court has disposed it can i now file divorce case against her nd in how many days

Advocate Pradnya Pednekar answered
you can file petition for divorce on the ground of desertion , if she deserted you without reasonable cause for more than 2 years and also ground of mental cruelty as being legally wedded wife she is not discharging her duty of wife by not cohabiting

Q: Wife not vacating flat and receiving maintenance what to do

DV was filed by my wife against me in 2013. MM Court passed interim maintenance order on in Feb 2017 of Rs. 15K from date of application i.e. Feb 2017. I paid Rs.60 K but DV was issued and I deposit 25K D.W was called back by MM. Further I paid 10K and D.W issued again in April 2018 and I deposit 33500/- and promised to pay 20K per month in writing D.W is stayed by M.M in April 2018 itself and MM wrote that As Resp. is ready to pay Rs. 20K Per month so no purpose will be solved by sending him behind the bars hence D.W is stayed till next date. Since then I am paying 20K per month but (1) OP is not filing her Oral or Written Evidence (2) OP has registered a separate case U/S 125 (3) of Cr.P.C and 31 of PWDV Act in the same Court. My next D.V date and case for this fresh case is on 10th Aug 2018. OP is staying in my own flat which is under the name of me and my father but she did not allow anyone of us to even enter our own flat. Please advice accordingly that what am I suppose to do?

Advocate Pradnya Pednekar answered
Hi! You have not mentioned whether your wife is earning or not ,do you have any issue out of this marriage and when did you get marry and what is your income and dependents on you. But still i opine that, maintenance is granted by mm court, you bring that fact on record while contesting 125 cr.p.c so, you will get relief there and if you want dissolve this marriage file petition for divorce u/s 13 {(i) (a) of hindu marriage act , for mental cruelty by wife and bring all fact on record, in case of dv if , wife is not filing evidence ask your advocate to file application for proceed with out evidence which will weakens their matter and if you feel the amount of maintenance granted by mm court is much higher compare to your income then file appeal against said order before sessions court . If your father is joint owner in the flat where your wife is residing presently , ask your father to file a civil suit for vacating flat .

Q: What action to be taken in order to get leaving certificate

How I get original leaving certificate from college if college refused to give

Advocate Pradnya Pednekar answered
It is a normal practice that college issue a leaving certificate after passing final year , in your case you have not mentioned why college refuse to issue you leaving certificate, if you want proper solution pl specify

Q: What to do if society not ready to transfer share certificate

I purchase flat & regd.also(tri party)but share certificate is in name of company.in the agreement is individual name. now society not ready for transfer share certificate in my name.previous agreement was not regd. the seller & builder both are corporate for this issue but society not ready. now what the solution? I am a Hindu/Indian.

Advocate Pradnya Pednekar answered
You apply for transfer of share certificate and attach all photocopy of all documents and receive acknowledgement . If with in 2 months with out reasonable cause {written on soc. Letter head n duly sign by office bearer} then you file an appeal before registrar of society for name transfer and make society as party in the appeal

Q: How to get GAP certificate due to medical reason within a family

Dear Lawyers in Pune City, I would like help from you for GAP certificate for an employment for my sister. My mom was under treatment for more than 1 year and my sister resigned from employer dated at 3rd July 2017 from Nagpur location. Right now all treatment has been done for my mom and she is shifted to Pune location and looking for job. She is already having 3.1 year of experience in Information Technology Company. So, here we require a help for GAP certificate due to medical reason to apply in company for employment. 1. What are the procedure to get this? 2. What are the documents require for it? Your help much appreciable. Thanks in advance.

Advocate Pradnya Pednekar answered
In this case you have to make an affidavit on 100 rs. Non judicial stamp paper, state the reason for gap and get it duly notorise from notory , and at the time of interview you submit the said affidavit along with your other certificates , you can take help from your nearby advocate . best luck