Advocate Ashish Kumar Patel

Questions Answered by Advocate Ashish Kumar Patel (25+ answers)

Q: Is the NOC from Spouse required at the time of Probate.

Is it necessary to obtain the NOC from the spouse when she is not mentioned in the registered will at the time of probate? Please advise.

Advocate Ashish Kumar Patel answered
If the spouse is not a beneficiary or otherwise mentioned in the registered will, her consent or NOC is generally not required for grant of probate. However, during probate proceedings, the court will normally issue notices to all Class I legal heirs, including the spouse, giving them an opportunity to raise objections. If no objection is filed, probate can be granted without an NOC. The requirement is not of a pre-obtained consent, but rather compliance with court procedure and notice to legal heirs to ensure transparency and avoid future disputes. Consulting a probate lawyer is advisable for smooth execution.

Q: Need assistance for child Custody

Me my self Ashwini I had an extra marital affair which I was informed my husband and after that lots of issue had happen now my husband is not allowing me to see my son ... He is telling that no need to come and see him as you went leaving him and all and choosed someone else upon me.

Advocate Ashish Kumar Patel answered
As per Indian law, a mother has a legal right to meet and maintain contact with her child, regardless of marital disputes or personal differences. Denying access to your son without a court order is unlawful. You may file a petition for custody or visitation rights under the Guardians and Wards Act before the family court. The court will decide based on the welfare and best interest of the child, not solely on past conduct. I recommend sending a formal legal notice to your husband asserting your visitation rights and, if he refuses, proceeding legally to secure regular access.

Q: Interim maintenance payable to wife

I am a male & my marriage lasted for just 5 days as my wife caused lot of mental cruelty at matrimonial home. On 7th day she was sent to her home & didn't not bring her back to my home as she was causing lot of problems. She file police complaints against me at 3 places and with my employer. I'm State Govt. employee earning 1.1 Lakhs and her's 95k as Manager in Govt. Bank. We havent met for almost one year after marriage. Now I have filed for contested Divorce. She is eligible for maintenance?

Advocate Ashish Kumar Patel answered
Given your wife’s substantial and stable income as a Govt. Bank Manager, she is not entitled to maintenance under Section 125 CrPC or Hindu law. Your legal counsel should contest any maintenance claim on grounds of her financial independence and the very short duration of the marriage.

Q: Need help replying to a legal notice from ex-employer

I received a legal notice from my previous employer regarding employment-related issues. I want to reply but do not have any of their data and I left properly. I am looking for a lawyer who can guide and help me reply to this notice affordably

Advocate Ashish Kumar Patel answered
As a legal professional, I advise you not to ignore the notice. Even if you left properly, it’s important to respond formally. A well-drafted reply can protect your rights and clarify your position. I can assist you in drafting a professional and affordable response.

Q: Quashing FIR and the surname is wrong? what to do?

So we have applied for Quashing of FIR but in VS we wrote their surname wrong? how much will that effect??

Advocate Ashish Kumar Patel answered
I Can help you in this matter. I will request you to give more details. Also let me know what so you mean by VS. there is a possibility this issue can be solved. Let me know if we can discuss this over chat or phone call.