Advocate Prathamesh Gokhale

Questions Answered by Advocate Prathamesh Gokhale

Q: Cheque bounce how to get my money out of court

I have given a friend a loan of Rs 7 lacs in cash. Have promisory note signed and dated. He gave me 2 cheques 3 and 4 lac each. One cheque bounced few months ago but I didn't send him notice since he paid some interest. Now I need my own money but he won't return it. Should I deposit 2nd cheque andtake the legal route? What are my options to recover my money without going to court unless a last resort?

Advocate Prathamesh Gokhale answered
it is better if we meet personally and discuss these things. because i need to understand the entire transaction and every minute detail before we proceed. once the same is cleared, i shall be in a better position to respond to your query.

Q: How to quash 498A and DV case to go for mutual consent divorce

Brother's wife had filed 498A, DV and related cases against brother and family including me. We compromised on the grounds that she will withdraw the cases and MCD. Petition for divorce is filed and she is given half amount by cheque. Now when we ask the lawyer to initiate the withdrawal of cases he says to go to police first and enquire whether he has closed report or going to file chargesheet. The police says he is ready to file chargesheet so we should bring an affidavit from lawyer.We don't know who is right. We even don't know if there is any FIR or only complaint. We were given only CR number by the police. How can the police go for chargesheet without prior FIR. Police had investigated us and recorded our statements but only on piece of paper. Also it is mentioned in divorce petition that cases are to be withdrawn within the 6 months time. What if divorce is granted and cases are not withdrawn.

Advocate Prathamesh Gokhale answered
Case under section 498 A needs to be quashed by filing a petition in the high court. The other cases can be withdrawn. Moreover if it is agreed to withdraw cases in six months and the same is not done it will amount to contempt. Please call me for further details.

Q: Husband involved in adultery. How to get divorce and in how much time?

Husband having extramarital affair, caught twice. First time I forgave but now I cannot forgive.I don't want anything but don't want to stay with him any longer. Have 6 years old daughter and now pregnant with second child already in my 9th month. How much time it will take and advise how to approach and how many times to go to court. I am working with salary 80,000/- Husband earns in lakhs but I don't need his money for my survival.

Advocate Prathamesh Gokhale answered
Hello. You can certainly file a divorce petition. As far as your daughter is concerned you can claim her permanent custody and maintenance for her. So far as litigation time span is concerned, the same varies from case to case depending upon the facts and circumstances of each cases. But you can start proceedings early so that the verdict can be expected early.

Q: How to get my original divorce papers from a court in different city?

Im in Bangalore. My divorce went through Mumbai Court. I would prefer someone who can help me via calls and email and post me original Divorce papers, as I cant visit Mumbai.

Advocate Prathamesh Gokhale answered
Hello.. I need all the details such cad case number, court, judge name, date of the judgment etc. This will enable me to do the needful. I also need your authority allowing me to apply for the certifiied copies of the documents.

Q: The drawer has stopped the payment of cheque, what to do

One of the casting agency has taken money as deposited, and promised to return d same and given the time limit bt it's already 6month above plus, bt in order to pay our amount they have given pdc cheque before 3 month . Now we deposited the same on due date. Bt we got the message now the the drawer has stopped the payment. What we can do now inoreder to recover our money

Advocate Prathamesh Gokhale answered
You need to issue a statutory demand notice and ask for the payment of dishonoured cheque. If no payment is done then approach magistrate court for redressal of your grievances. But this entire exercise needs to be done quickly as there is a time limit for the same.