Advocate Ashutosh Kumar Mishra

Questions Answered by Advocate Ashutosh Kumar Mishra

Q: Regarding FnF as it's not been cleared within 45 days

I've resigned from my job on 29 Feb 2024. The management said that it'll be cleared within 45 days but now it's more than that and they haven't done fnf yet. When I asked the Co-founder about fnf I couldn't get proper response from him... And he When I tried to reach out to him on WhatsApp he said we'll try to do it soon. Could you please suggest what should I do further to get my fnf amount along with the salary slip and experience letter.

Advocate Ashutosh Kumar Mishra answered
You should send him demand notice through a lawyer wherein you must demand compensation, legal notice fee along with your dues, and give the employer time period of one week to act upon or else you would pursue the legal remedies available.

Q: Can i file for divorce if i did adultery

If a person did adultery, can he himself file for divorce, there is child outside marriage...what will be the consequences in court

Advocate Ashutosh Kumar Mishra answered
Yes, you could file for divorce under section 13 of Hindu Marriage Act, on ground of adultery, you would easily get divorced if you have the the evidence that your spouse is having child outside of marriage.

Q: Divorce false 498 case alimony

Wife filed false 498a case, So I applied for anticipatory bail in district court. There wife came in District court & oppose bail, So my relative bail is approved but my bail is rejected. I applied for anticipatory bail in High Court. Now more than 90 day completed but still chargesheet is not filed. So can police file chargesheet after 90 day? Whether non filing of chargesheet for 90 day consider as default bail?

Advocate Ashutosh Kumar Mishra answered
There was no need of filing anticipatory bail as per the landmark judgment of Supreme Court of India in Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. CBI , there IO has to mandatorily serve 41 A notice under CrPC for investigation rather than arresting the accused. The erring police official and UP judicial officers has been severely reprimanded for the same. So bail is your statutory right here, consult better counsel or it seems there is something more which meets than eye.

Q: Bank File a Cheque Bounce Case Against Me

एक बैंक ने मेरे खिलाफ चेक बाउंस का केस किया है और मुझे बैंक का पैसा चुकाने के लिए थोड़ा टाइम चाहिए but मेने माना लिया है कोर्ट मे की मेने लोन लिया था but pura पे नहीं कर पाया (plead guilty). I need a lawyer

Advocate Ashutosh Kumar Mishra answered
facts of your case needs to be known so as to answer your query. You need not worry, first you need to understand that whatever loan you take and by virtue of it you purchase has a hypothecation on it.

Q: I need help in recovery of amount of Fixed Deposits as legal heir

My father collected the hard earned salaries of my mother and converted them to Fixed Deposits in his own name. He put his brother as nominee. How can I claim it from banks?

Advocate Ashutosh Kumar Mishra answered
You need to have succession certificate made from Registrar office , and should file an application to claim it if your father is dead, you fall in legal heir first category and you have got first right on whatever property your father leaves in intestate state.