Advocate Ajit. K. Mishra

Questions Answered by Advocate Ajit. K. Mishra

Q: Law suit against a girl making false promise of marriage and cheating

A girl used me for 4 years making sexual relation and promising for marrige .... is their any lawsuit against girls .... coz she is now marrying with some other guy and saying that u can go and die ..... what should i do ???

Advocate Ajit. K. Mishra answered
You can file a suit against her for instigating/abetting you for suicide but you need evidence to prove your point. Sexual relations and promise of marriage are not sufficient unless there was not a written agreement between both you for the nature of your relation. Otherwise she has freedom to choose her life partner as there was never a contract made or marriage commenced between both of you.

Q: Legality of marriage done on gunpoint

If someone force to marry a person on gunpoint then is this marriage legal? And want remedies available for victim.

Advocate Ajit. K. Mishra answered
The marriage is void if not solemnised with free will of proposed husband and wife. However there should not be any relationship established between both you which is meant for married couple only. If you have denied the marriage right from the beginning and did not take any advantage out of that marriage for which you were not forced after the commencement of your forceful marriage.

Q: Remedy against person escaping with money giving fake papers to buyer

Sir, I purchased a land in begampur delhi approx 5 years before but i didn't get my land. Person whom I paid money he escaped and property papers are fake. What can I do??? Please help us. We can't afford fee of advocates

Advocate Ajit. K. Mishra answered
Contact police station to file a FIR against the seller. In a criminal matter public prosecutor is provided at free of cost. However if you want to file a case against the accused in your personal capacity, my team help the deprived section of society and poor to get legal aid/remedy without any fee. However the court free, drafting and all the procedural expenses has to be borne by you.

Q: Divorce done in Australia and wife claiming maintenance in India

I am male hindu settled in Australia. Married to female hindu in New Delhi on Feb 2016. Hindu ceremony done in Delhi. Marriage registered in Australia in May 2016. After 1 year 4 months of seperation I am filing for divorce in Australia. Wife has moved back to delhi in July 2016. She was here only for 3 months after marriage. We have a 1 year old child living with Wife in Delhi. Amicable divorce not possible as she is unreasonable. If divorce accepted in Australia do i need to do anything in India? Would there need to be another divorce in India? Can the wife file anything against me in India? I am not fighting for child custody but she is threatening me for harassment and torture and child support. I or my family have done no such thing. Would that be filed in India or Australia? Do i have to give child support even when i cannot see the child? How can i avoid any problems in India? All these questions should be answered based on divorce being accepted in Australia. Thank You.

Advocate Ajit. K. Mishra answered
The marriage was solemnised in India. Even if the court has dissolved the marriage through a decree of divorce in Australia. She can still file for the maintenance for herself and the child. The maintenance petition can be challenged on merit, if she is a working women or if she has the sufficient means to maintain herself and child. Indian courts will admit the the judgment of Australian court and the marriage will be considered dissolved. However you have to contest for maintenance case either in person or through your attorney in India. Thanks

Q: Can bank receipt be considered as a proof for dowry paid

I have bank receipt in which account I give money to my sister husband %is it sufficient proof for dowary

Advocate Ajit. K. Mishra answered
Yes it can be a proof of Dowry in case your brother is law is not able to prove your liability or a bill against which this cheque was issued. Or if there was not sell from his side or the dues that he was supposed to collect from you.