Advocate Sanket Ganpat Khamkar

Questions Answered by Advocate Sanket Ganpat Khamkar

Q: Regarding frustration about my wife full case against me and my family

My wife and her family put fake and false cases against me and my Family also she targeted my brother in section 354,( A) ( 4), 498 A, 323, 504,34 including entire family how can I counter this case as this is so frastuated to me and my family?

Advocate Sanket Ganpat Khamkar answered
If the cases filed against you and your family are false, the best course is to contest them on merits with proper legal representation. If there are only vague and omnibus allegations against family members who had no active role in the matrimonial dispute, they may seek appropriate legal remedies such as anticipatory bail, discharge or quashing before the High Court, depending on the facts and stage of the proceedings. Preserve all evidence such as messages, call records, CCTV footage, travel records and independent witnesses that support your defence.A counter case cannot be filed merely because an FIR has been lodged against you. However, if you have independent evidence of false implication, fabrication of evidence, criminal intimidation or any other offence committed against you, appropriate legal action may be initiated in accordance with law. Please share the FIR, charge sheet (if filed), bail orders and all other relevant documents through the WhatsApp option on my profile so that I can examine the case in detail and advise you on the most effective legal strategy for you and your family.

Q: Retrieve divorce documents from Maharashtra / Mumbai family court

I have misplaced my divorce document and I want to retrieve a certified copy of my divorce that happened in 2007. Can you help me.

Advocate Sanket Ganpat Khamkar answered
Yes, you can obtain a certified copy of your divorce decree and judgment even if the divorce was granted in 2007. You need to apply for a certified copy before the same court that passed the divorce decree. If you do not remember the case number, the court staff can usually trace the record using the names of the parties, the year of the case and other available details.The certified copy issued by the court is a valid legal document and can be used wherever proof of divorce is required. Please share the names of both parties, the name and location of the court, the approximate date/year of the decree, and any other available details through the WhatsApp option on my profile so that I can guide you regarding the procedure and help you obtain the certified copy at the earliest.

Q: Can I be personally liable for my father's partnership business debts?

My father runs a partnership business in which I have no ownership, partnership, employment, management role or financial involvement. If the business becomes unable to repay loans or deposits, can I be held liable or falsely implicated in civil/criminal proceedings? I am a salaried professional and am concerned about the impact on my current and future employment. What preventive steps should I take, and what type of lawyer should I consult for detailed advice?

Advocate Sanket Ganpat Khamkar answered
If you are neither a partner, guarantor, authorised signatory nor involved in the management or finances of your father's partnership firm, you generally cannot be held personally liable merely because you are his son. However, if there are allegations that you actively participated in any fraudulent transaction or handled the firm's affairs, the authorities may investigate your role based on the available evidence. Therefore, maintain clear records showing your independent employment and that you have no connection with the firm's business or finances.As a preventive measure, avoid signing any business documents, loan papers, guarantees or financial transactions on behalf of the firm unless you clearly understand the legal implications. Since the issue involves both civil recovery and possible criminal allegations, it is advisable to consult an advocate experienced in commercial, banking and criminal litigation. Please share the partnership deed, loan documents, notices received and any other relevant papers through the WhatsApp option on my profile so that I can examine them and advise you on the most appropriate legal course of action.

Q: Regarding frustration about my wife full case against me and my family

My wife and her family put fake and false cases against me and my Family also she targeted my brother in section 354,( A) ( 4), 498 A, 323, 504,34 including entire family how can I counter this case as this is so frastuated to me and my family?

Advocate Sanket Ganpat Khamkar answered
If you believe the allegations are false, do not panic. Defend the case on merits by collecting all evidence such as call records, messages, CCTV footage, travel records, medical documents and independent witnesses that support your innocence. If there are vague or omnibus allegations against family members, appropriate legal remedies such as anticipatory bail, discharge, quashing before the High Court (where legally maintainable), or contesting the trial may be available depending on the stage of the case.A counter case cannot be filed merely because an FIR has been registered against you. However, if you have independent evidence showing that false allegations were intentionally made or that any separate offence was committed against you, you may explore appropriate legal action after examining the facts. Please share the FIR, charge sheet (if filed), bail orders and other relevant case documents through the WhatsApp option on my profile so that I can examine them and advise you on the most effective legal strategy for you and your family.

Q: How to face Trial in BNS 85, 351, 352, 115,

Can anyone please guide me how to face trial in BNS85 case. My chargesheet is filed. And most of the allegations in the FIR are vague and baseless. How should I face trials and what things I should keep in mind during trial.

Advocate Sanket Ganpat Khamkar answered
Once the charge sheet has been filed, the trial will mainly depend on the evidence produced by the prosecution, not merely on the allegations made in the FIR. If the allegations are vague, inconsistent or unsupported by independent evidence, your defence can effectively highlight these aspects during cross-examination. Attend every hearing, comply with the court's directions, and avoid any act that may prejudice your case.Carefully examine the FIR, charge sheet, witness statements and other documents for contradictions and omissions. Preserve all documents, electronic records, messages or any other evidence supporting your defence. If the prosecution fails to prove the allegations beyond reasonable doubt, you are entitled to an acquittal. Please share the FIR, charge sheet and other relevant case documents through the WhatsApp option on my profile so that I can examine them and advise you on the best defence strategy for your trial.