Advocate Ashutosh Kumar Mishra

Questions Answered by Advocate Ashutosh Kumar Mishra (50+ answers)

Q: Legal notice issue want to do , any help needed u want contact me fast

I am a b tech graduate non lawyer i am getting many clients for matters loan settlement cheque bounce i do non litigation work for them . I want an advocate who can work in collaboration with me . Like for legal notice issue in his stamp , i can pay fees ,draft i will create , i want his legal stamp for notices .

Advocate Ashutosh Kumar Mishra answered
What would be the fee amount , How much you would be sharing percentage. Further detailed work structure needs to be discussed.Whether you are offering a partnership, where is your office located, in which area you work need to discuss

Q: married as a minor,wife 5 years older than me, asked to pay litigation

hi, i was 18 at the time of mariage, she was 24, i filed for annulment under hma, she cheated on me and also damaged my property. she used to earn before marriage, i am a student, dependent on parents, court asked me to pay litigation, is there any way i an avoid that, i wont be able to arrange it as my parents business also got shut down due to loss. and will i have to pay her alimony

Advocate Ashutosh Kumar Mishra answered
If your wife is earning more than you , then you need not pay for the litigation. When you were minor you got married then you could very well repudiate the marriage. Further Your advocate could guide you in this regard seeing the facts of the case

Q: Legal Hair of Locker of Unmarried Brother

My elder Unmarried Brother Expired around 30 years back. He had Locker in UCO bank which came to our Knowledge around 6 years back. I had Deposited the required Rental of the Locker due till date. He had 4 Brothers out of which 3 are no more. He had 2 Sisters who are also No more. These 3 Brothers & 2 Sisters had left behind their family. I want to know under the law who are the Legal hair of his Locker & how to get it Open.

Advocate Ashutosh Kumar Mishra answered
See, even if you are nominee, as per law you are mere custodian of the ornaments or whatever kept inside the locker, but it is essential that you take over the locker. Movable property kept inside the locker is liable to be distributed among the successors as per their share.

Q: taken advantage by false promise of marriage and financially used.

hi i had a boyfriend who always used to say he will get married to me and had promised me several times but in the end he denied. he had used me physically too... traumatized me and borrowed 2-3 lacs or more some in cash and some via UPI for his business. His family know about it but denying to return my money back i want to know how can i file a complaint against him and against his family. i dont want to marry him now as i know how his family members are i just want my money back.

Advocate Ashutosh Kumar Mishra answered
You have specific legal remedy of section 69 of Bhartiya Nyay Sanhita. Most important ingredient of which should be that marriage was the condition for sex, if you both were in relationship and during the course of time both of you decided to marry and later on your boyfriend decline then it is no offence. You may refer the judgement of Hon'ble Supreme Court given in Ravish Singh Rana Vs State of Uttarakhand, 2025.

Q: Is there a any law requiring advocate before complaint is registered

I have vacant flat in Mumbai city. I became aware of trespassing on my flat that happened without my consent. I emailed my complaint to local police station but they not registering complaint. They insisting that I send advocate or power of attorney to police station. I cannot go there myself right now. Is there a law or rule requiring representation by advocate before complaint is registered?

Advocate Ashutosh Kumar Mishra answered
No there is no such rule which requires the presence of an advocate before filing your complaint to the concerned police station. In fact, anybody could argue their petition in a court of law as a person in petition. In my legal opinion you should mail the complaint through speed post to police station and then to the police commissioner and if still no action is taken file a complaint in the concerned Judicial Magistrate First Class for criminal tresspassing