Advocate Sachin Ashok Phadnis

Questions Answered by Advocate Sachin Ashok Phadnis

Q: No Police Verification Of Employee

Employee Was Involved In Human Trafficking, We Where Not Aware, Use To Work At Our Small Shop Now What Shall We Do Got Call That Why No Police Verification Done And Our Employee is involved in criminal activity. They Filing FIR Against Us

Advocate Sachin Ashok Phadnis answered
if you are not directly or indirectly involve in human trafficking then challenge the fir in competent court. that the honble court has the power to quash false fir filing against you. Then you can save from police verification and necessary inquiries. If you are not involve in offense you have the right to went to court and challenge the illegal fir.

Q: What legal steps to safeguard my sisters marriage

Actually since one year and 6 month my sister is staying with us who is married,she came to our house at the time she was pregnant,after a month we filed complaint in mahila ayog then after 5 to 6 month they patch up,but he not taken her to his house,every sunday he comes and meet my sister and his daughter,but now since one month he is not coming no phone,we don't want divorce but he is not listening anything of my sister nor concern about his child what to do

Advocate Sachin Ashok Phadnis answered
Actually you have to file marriage petition before honble court for restitution of conjugal rights as well as file complaint to concern police station.you can also file independant application before concern magistrate for maintainance of both mother and child.

Q: Hindu married in 2014 wife staying with her parents, legal notice sent

Hi sir I m Hindu by religion and Hive married 2014 but after marriage My wife is staying with her parents home from six months of ur marriage.last so many days I tried her to bring hr back home but she refused to cum and want me to stay with her separate .its not possible fr me to stay separate my mom is old. I have send hr legal notice to cum back but she refused to take the notice SLD I file a divorced case

Advocate Sachin Ashok Phadnis answered
You can file marriage petition against your wife for restitution of conjugal rights. At the time of hearing of the case of restitution the honble court can give directions to your wife to stay with you.

Q: Is it necessary to prove domestic violence

If wife files a complaint in police station of domestic violence, is it necessary for her to prove her statement? My wife cheated on me, she hided information of her first marriage from me. She married me in spite of having first marriage n baby from her first husband. She is not legally separated from her first marriage. I have filed a case under 420 for cheating me. Now she is forcing me to withdraw my case and to threaten me n my family she have filed false complaint of domestic violence against me. What should I do now?

Advocate Sachin Ashok Phadnis answered
Yes obviously if you'r wife files complaint against you it is her duty to prove her case. First of all to withdrawal your case under section 420 of ipc. Because your wife done the offence of bigamy. She committed that offence against her first husband.

Q: Procedure to file for mutual divorce and complications connected

Hi i married to a girl in 2012 from arya samaj ..and we did not register our marriage.now we want to separate mutually.so what should we do now if we go for divorce how much time it will take..we leave seperately from 2015 .there are few questions 1.what is the minimum time to divorce mutal concern? 2.can i marry someone after applying divorce or i need to wait for the hearing. 3.if we agrred upon not to blackmail eachother will that work. 4.where i need to apply for divorce i mean i have to go to my address proof place or i can apply from anywhere in india.

Advocate Sachin Ashok Phadnis answered
6 months period will be occurred for divorce by mutual consent. you can't marry before final decision on divorce petition. Yes obviously your mutual decision will work. You both can file petition for mutual consent from anywhere in India.