Advocate Shrikant Wamanrao Maruskar

Questions Answered by Advocate Shrikant Wamanrao Maruskar

Q: Got pregnant with married man can child claim share in his property

I am Hindu. I am in a relationship with a married man .We wr in love when I was 15 .now I am 37 .He cheated me.but we r still together. I am pregnant. Can my child take the name of his father without his permission. What can I do in that case.will my child get any rights from his father.

Advocate Shrikant Wamanrao Maruskar answered
women married with already married man can not claim any right in his property as her marriage itself is null and void as the first marriege is still in subsistance and divorce with first wife is not granted thereby dissolving the first marriage, however her children has every right in his property though he / she may be illegitimate child in the eyes of Law.

Q: Does agreement is considered as valuable security?

Is unregistered or registered agreement to sell is a valuable security?

Advocate Shrikant Wamanrao Maruskar answered
No neither registered or unregistered Agreement to Sale is t at all considered as the valid and marketable Title Document to prove your ownership, the Sale Deed must be executed then only it will consider as Valid title document which can be treated as valuable security. However certain Banks and Financial institutions are creating mortgage on the basis of registered or unregistered Agreement to Sale which is illegal and not binding on any one.

Q: Case pending under section 304A, can i apply for job

i m from navi mumbai occupation civil engineering..case pending ipc 304A.i require pcc for my job purpose can i eglible to apply application

Advocate Shrikant Wamanrao Maruskar answered
Surely you can apply for job but at the same time you will have to give declaration about the pending case and undertake to face consequences arising thereof, at the same time you will have to prove your case not guilty by adducing necessary evidence.

Q: My Wife has filed Fake 498A,504,34 IPC matters 8 days after marriage

Dear sir, Wife file Fake FIR & above complaint after 8 days of Marraige, I file for Anticipatory bail for me & Dad. We got bail now what should be my next action to file charge against her & family.I didn't apply for bail my Mom(as per new SC rule no one can arrest until full investigation) Police file charge sheet also. So please guide me what would be next. Can I file divorce coz she is not leaving with me now 8 month of marriage & she did stay with me only 8 days as well she don't want to be live with my Mom-Dad. So Can I use that for cruelty on me for divorce or should I have to wait for 1yr ?

Advocate Shrikant Wamanrao Maruskar answered
Yes you can file case of divorce against your spouse on the ground of cruelty as well as desertion, however i suggest though you may not intend to cohabitate with your wife you should file petition of Restitution of conjugal rights in alternate grant of divorce, in this way court will understand that you case is genuine and may direct your wife to reside with you either or get divorce with condition to withdraw the criminal case filed against you.

Q: Can I raise a case in Indian consumer court on international airlines?

I was supposed to fly from Mumbai to Amsterdam, but because of the denied boarding I couldn’t reach my final destination as planned. I can apply for a visa from the country which is either my first port of entry in this case Netherlands or the longest stay which in this case Poland and therefore, I had applied for my visa from Poland embassy. 1. My flight was from Mumbai to Amsterdam via Istanbul with Turkish Airlines 2. When I was boarding to flight Istanbul to Netherlands, airlines officials (who checks the boarding pass) told me that I could not board the flight because my visa was issued by Poland and I need to go to Poland first. They were denying the longest stay option of the visa. 3. I somehow managed to fly to Poland from Istanbul after lot of struggle at Istanbul airport and then to Amsterdam. 4. I got my luggage after almost three days of my flight at the Amsterdam airport. 5. I have emailed airlines and they refused to give compensation. Can I raise case in Indian consumer

Advocate Shrikant Wamanrao Maruskar answered
No in such case Indian Consumer Court does not have jurisdiction to entertain such complaint, moreover you will have to go through the terms and conditions mentioned in the particular Airline regarding jurisdiction to be entertain any dispute, if there is nothing mentioned about jurisdiction in that eventuality you may File case in civil court of the boarding city.