Advocate Rajesh Mishra

Questions Answered by Advocate Rajesh Mishra

Q: Want advice to for divorce or medical treatment.

Since day 1 of marriage i have bee observing my hubby's behavior which is not normal. He has strange behavior, sleeping single with many tools beside him. Ignoring wife, knifes collection. We just had intercourse for twice or thrice in this six years. Hubby is working in IT company, i thought of office problems, project change which is true but he is mental ill. He dont have any illegal affairs, Don't expect single money but don't let me to mingle with anyone he is the only person with whom i talk and rest my mother and sister in phone. Always lives in past, criticizing, we stay in separate rooms as their parents. I lost patience. I thought if i have kids both will be happy. I have asked several times. He refused to take any step, i gave many options artificial methods, adoption but he refused. Last year in 2021 i stayed at my mother's house for 6months but nothing change same thing is repeating here. I know nothing will change without treatment which he is refusing.

Advocate Rajesh Mishra answered
if you want divorce, you can file divorce petition but that would be contested petition and it will take time resolve dispute. if your husband is ready for divorce, you can file mutual consent divorce. it will be dissolve in six months.

Q: Is there any possibility to check marital status of person

hello, I am hindu Brahmin lady living in Mumbai,maharashtra. I want to check if someone was married earlier , their marital status now... is there any website to check this.How does one find out. thanks

Advocate Rajesh Mishra answered
Respected Madam,your question is more hypothetical than practical and having apprehension in the mind. marriage is union of two soul which include full of love, affection and trust. so at the most you can verify his residential and identification proof i.e. Pan Card. Adhar Card, Driving License, Passport, Ration Card etc. and there is no website to verify any persons marital status. i believe if any person love to any one then no one should cheat and/or suppressed his or her marital status. if by any chance any person suppressed his or her marital status then only option is to take legal action against him or her.

Q: What case to file against Talathi who has tampered with document

I am From  Maharashtra. I have to file a 420 case against a Talathi in my village which has tampered with our 7/12 document. So where do we have to file a case under Section 420 and how?

Advocate Rajesh Mishra answered
Dear Client, you have to first obtain the certified copies of 7/12 & other relevant documents which is tempered by the said local body officer. thereafter you have to file one complaint with the said local body office and also filed one detail return complaint in nearest police station and also to the office of SP. in case no FIR is registered by the police then you can file criminal case U/s 420, 467 & other relevant sections of I P C before the Hon'ble JMFC Court in your area and pray for order U/s 156 (III) of Cr.Pc.

Q: Can passport be impounded as case is pending of DV

I am undergoing a divorce since 2 years against my wife (I have filed). Immediately she has put up many cases against me for domestic violence & Civil case for maintenance. DV is not a 498 case as our marriage was more than 7 years. During the proceedings Court ordered 15000 as interim maintenance in DV case. And 35000 as interim maintenance in marriage case. I’m a jobless since the whole problem started and am unable to pay such a huge interim. We tried to have a settlement out of court but she is asking for huge sums of money, nearly 80 lacs and a house. I am in no position to pay such amounts.I have put up an appeal in the high court as I’m unable to pay such huge amount. But as per the high court I have to pay the arrears before they can proceed with my request. The arrears have piled up to nearly 1450000. I can not pay such big amount. My lawyer has advised me to go absconding until she compromises. Can she request passport auth to impound my passport. I have summons pending.

Advocate Rajesh Mishra answered
Dear client,Your case is pending in courts and matters are going on. court always passed orders as per income of the husband and after considering your income court would have passed the orders.you have to comply the orders of the Hon'ble High Court, thereafter your matter will be heard by the court and you may get relief from the court in your favour. once you appeared in the court then you should follow the orders and fight your matter on merit. to abscond will not to be permanent solution in your matter and your Passport may be impound by the court in case court find your conduct unfair or unjust.

Q: Is the marriage valid if performed without satpadi

The marriage in temple was performed without satpadi, mangalsutra. No other evidence of marriage other than pic n small video. Husband left wife after 20 days n she survived suicide,she committed suicide coz he left her. Does she need to file a divorce, or she is still not married ,?

Advocate Rajesh Mishra answered
Dear client,if marriage is perform and photo and video is with you & the said marriage is perform with the consent of both the parties is valid marriage & she is the wife of her husband and she can claim all her rights towards her husband. she is require to take legal opinion & initiate legal action immediately against her husband for protection her right & i assure you she is entitle & definitely get relief from the Law.