Advocate Sandeep Bhaskar Naik

Questions Answered by Advocate Sandeep Bhaskar Naik

Q: What action can I take if my bike and RC were taken by the police for a drink and drive case? Does d

I was caught driving my bike outside a bar on August 18, 2016, where the police were waiting. They took my breath analyzer test, which registered 101, and then took me to the police station. They collected my RC, license, and bike and asked me to return on August 22. My questions are: Will they take me to court on August 22? If they take me to court, should I plead guilty? Does this incident have any records, and will it appear in the future during a passport or visa application or background check? Also, does drink and drive reflect in police verification?

Advocate Sandeep Bhaskar Naik answered
What is the point in mentioning that u r Hindu ? Law does not discriminate the person on the basis of religion. Yes u will have to appear before court. Better if u plead guilty. Otherwise you will have to face trial and and cant say the period it will prolong. You need not worry for the record . You will get Passport and Visa. The so called stars get it even when they kill some one . Yours is a minor offence. Adv. Sandeep Naik20.08.2016 at 9.30 p.m.

Q: How can one obtain a divorce within 6 months of marriage, specifically in India?

As a Punjabi, I have been married for 6 months and wish to pursue a divorce before completing a year. Despite my desire to separate, my wife fears social stigma and her parents have indirectly threatened harm if I proceed

Advocate Sandeep Bhaskar Naik answered
The normal period is one month but if u can show the reason for taking divorce that the marriage itself is a nullity then on the exceptional ground , it is possible. However, u have not mentioned the reason. It is difficult to advice merely because both of u wish to get it within six months. Secondly threatening etc. is just to scare u and nothing will happen. U may file police complaint if u have genuine fear.

Q: How do I sell my property which is occupied by my grandson

I am retired person and thinking of selling my land purchased during my service period. All the legal documents are avalilable with me. However I have noticed some construction work is in progress, shades also have been installed. Now the question is the grandson of my 7/12 owner appears have done some mischief, now please advice me what to do.

Advocate Sandeep Bhaskar Naik answered
File Police Complaint first. U may give Notice to ur son . You may give complaint in your local municipal corporation/Talathi and ask the details of your 7/12 extract. If nobody cooperates then go for the Stay. You have not given other details like how much is the area of land etc. Since it is ur self acquired property, u may give paper Notice and call for the interested buyers. When the buyers come, ur son will object it. Then he will have to show his documents in his possession. He cannot go in the Court as he does not have better title. Perhaps u r hesitant to take action against your grandson. If he paying mischief, h will have to pay for it through criminal legal action UNDER SECTION 426 of IPC

Q: Can wife file a case after mutual divorce

we both of filed mutual conset divirce before family court in mumbai in tht pitition my wife mention tht she will not putup against any case after divorce in any court also she mention for mantenence tht she will not putup under section 125 any case znd not for mantenence .so i want to know tht it is suficient for me i can safe in future fom mantenece for my wife .after divorce she can file any case or not pkease informe me thankin u

Advocate Sandeep Bhaskar Naik answered
Hello it is not clear whether u have got divorce or not . If it is there then u need not have to worry. The cooling period of six months is given just know to rethink if you have second thought of reconsideration to withdraw it or accept. Thanks

Q: I want to marry again with another lady How to do

Hi I am Hindu Maratha and married a girl in year 2010, which was a religious marriage ceremony with the attendance of almost 1000 people. I want to marry an another girl she is 24 yrs of age of same caste n religion. Is it possible for me to stay at another girls home without taking divorce with first wife? I haven't register my first marriage and didn't apply for marriage certificate. Can I do a court marriage with the second girl? I do have one child of 2 yrs what happens to him after with / without divorce? What if I sell all my property and settle in remote or unknown place?

Advocate Sandeep Bhaskar Naik answered
Dont ask illegal ways to satisfy your lust . This is not a forum to give you illegal advice . Dont try to fool the law. You will be punished for bigamy and may go behind the bar. Dont be over smart and hide ur location. Police are smarter than you. Now dont ask how it will be done.Thanks and good bye