Advocate Swapnil Maroti Bokare

Questions Answered by Advocate Swapnil Maroti Bokare

Q: Filing private complaint before magistrate

Police have filed false charge sheet against me in collusion with opposite party and case is pending for trial. I have all proofs to substantiate my innocence and even Higher Police officials has enquired the matter and issued charge memo to IO for negligently filing charge sheet. Now I want to file private complaint to register FIR against IO. Will judge accept that when trial is pending. What would be the timeline. Will FIR be registered? Time taken by court?

Advocate Swapnil Maroti Bokare answered
Yes, you can file a private complaint against the Investigating Officer (IO) under Section 200 of the CrPC (or the corresponding Section 223 of the BNSS) before the competent Magistrate, even while your current trial is pending.The fact that higher police officials have already conducted an internal inquiry and issued a charge memo to the IO for negligence gives you an exceptionally strong case. This official inquiry report serves as solid prima facie evidence to show the court that the charge sheet against you was fabricated or filed with malicious intent in collusion with the opposite party.If the Magistrate finds sufficient ground in your private complaint, they can direct the police to register an FIR against the IO under Section 156(3) of the CrPC (Section 175 of BNSS). The initial process of hearing the matter, examining your evidence, and passing an order regarding the FIR or recording statements typically takes around 1 to 3 months, depending on the court's schedule.In addition to filing a complaint against the IO, you should immediately bring this internal police inquiry report to the attention of the trial court handling your case, as it will heavily weaken the prosecution's case and pave the way for your acquittal. Alternatively, you can approach the High Court under Section 482 of the CrPC to get the false charge sheet quashed entirely based on this evidence.As a practicing advocate in Nanded, I can safely guide you through drafting this private complaint and structuring your defense for the ongoing trial. Since the platform automatically shares my profile details with you, please feel free to connect with me directly through this portal to discuss the next legal steps.

Q: my husband has filed a divorce case against me on

Hello Sir/Madam, my husband has filed a divorce case against me on grounds of cruelty, desertion, and mental disorder. I want legal guidance and representation for my case. Please let me know your fees and consultation charges. Thank you.

Advocate Swapnil Maroti Bokare answered
I have perused your query. If your husband has filed a divorce petition on the grounds of cruelty, desertion, and mental disorder under Section 13(1)(ia), 13(1)(ib), and 13(1)(iii) of the Hindu Marriage Act, 1955, you have the right to contest the same.Legal Guidance:1. File Reply/Written Statement: You must file a detailed reply in the Family Court denying all false allegations within the prescribed time.Non-appearance or non-filing can result in an ex-parte decree.2. Burden of Proof: The burden to prove cruelty, desertion for 2+ years, and mental disorder of such a nature that cohabitation is not possible lies on your husband. Mere allegations are not sufficient.3. Your Defences: You can contest the petition, file for restitution of conjugal rights u/s 9 HMA if you wish to save the marriage, or claim maintenance u/s 24 HMA and Section 125 CrPC/Section 144 BNSS, 2023 during proceedings.4. Evidence: Preserve all medical records, messages, call records, and witness details that disprove his claims.Representation & Consultation:I undertake matters in Family Courts and can represent you. My consultation charges are discussed during a personal meeting after reviewing your case papers.Fees for representation depend on the complexity and stage of the case.Kindly share the copy of the petition and notice received for a detailed consultation. You may book an appointment through my office. I assure you of diligent professional assistance.

Q: legal notice to husband and false allegations

humne husband ko legal notice send kia for restoration of marriage and unhone udhar se ye blame dal dia h ki maine apna streedhan and uski maa ka jewellery le chuki hun jabki aisa nhi hai what to do and sare cheezo ko deny kar dia hai .

Advocate Swapnil Maroti Bokare answered
1. Reply to Legal Notice: You must file a detailed reply to his notice through an advocate, categorically denying the false allegations regarding streedhan and your mother-in-law's jewellery. State clearly that no such articles are in your possession.2. Streedhan Claim: Streedhan is your absolute property under Section 14 of the Hindu Succession Act, 1956. If you have not taken it, you cannot be forced to return it. However, prepare a list of streedhan articles that are still at your matrimonial home. You can file proceedings under Section 27 of the Hindu Marriage Act, 1955 or Section 498A IPC / Section 85 BNS, 2023 for recovery if denied.3. Restitution Petition: Since you have already sent a legal notice for restitution of conjugal rights u/s 9 HMA, you may proceed to file a petition before the Family Court. His false allegations can be contested during trial.4. Evidence: Collect all evidence such as messages, witness statements, or proof that the jewellery/streedhan remains with the husband's family.

Q: Lack of affection in marriage/sleeping in another room/ secrets

Husband doesn't show any affection sleeps in another room never talks on phone in front of me. In front of others shows alls normal. Last year in April he and his elder brother his wife & her family planned 10th death anniversary of his Father whole village was invited for gaon bhoj but me &my family was not invited not even informed. I just knew he was going. He invited ex girlfriends family.Causing immense trauma. Don't know what to do

Advocate Swapnil Maroti Bokare answered
kuch misunderstanding hai to clear karne ki koshish Kare ,unke behaviour ka reason find out kare uspe work kare ,right bachaneka Pura try kare ,sab karke firbhi nahi workout hua to last me divorce to hai hi

Q: Maine 2025 mai disch appl. File kiya abhi tak IO say aya hai

Maine 2025 mai disch appl. File kiya abhi tak IO say aya hai.. Par hearing date pe honl. Court absent rehte hai ya fir change hop jate hai ya leave pe... Now im very tired plz suggest me kya kru mai

Advocate Swapnil Maroti Bokare answered
ek application dedo applicant want to argue on the discharge application therefore permission may kindly be given ,application on record hai to order to Karni padegi so reject to nahi kar sakte varna highcourt ya other appellate Court me file kar sakte ,so simple solution hai argument ke liye permission mang lo nahito written arguments dedo