Advocate Devashish Maharishi

Questions Answered by Advocate Devashish Maharishi (50+ answers)

Q: what is first motion and second motion in mutual divorce mean ?

What is the meaning of first motion in divorce given by the judge in case of mutual divorce.. After couple have decided on final list of amount etc . When Will the FIR and other complaints be removed including dv court case.

Advocate Devashish Maharishi answered
First motion is join petition filed by the couple when they want to get mutual divorce, and after 6 months they will have to file second motion but now that can be waived as per supreme Court's judgement. Other pending cases will be withdrawn as per the settled terms between you

Q: Legal action against single man having affair with married woman

What's the punishment, under the Indian law, for an unmarried Government employee male having an illegal affair with a married woman? is it illegal to have affair with married woman ?

Advocate Devashish Maharishi answered
Section-497- Adultery “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

Q: What to do when wife not taking care of husband parents

We are married for 5 years and two months. Both are working in same organisation on same posts. Wife not taking care of husband parents. Does not even allow them to visit us though I only bear the expenditure of house holds. She is very irritating and quarrelsome. Often leaves house without information and stays away for a few days. Very extravagant. We have no issue. She says that she does not want to bear any of mine. Of late she is also complaining about my cast. I am Hindu SC. She is Hindu General. Ours was a love marriage. I have tried my best but failed to reason with her. what is remedy available for me.

Advocate Devashish Maharishi answered
You can file a case for Divorce upon the ground of cruelty as per the facts mentioned by you. Also if you are living in the property of your parents which is in their name than they can file a civil suit for permanent injunction against her

Q: Can a case be filed against a son for not taking care of his parents?

What are the criminal charges against a son who does not take care of his mother? She is a paralysis patient and above 80 years old. What criminal laws and IPC sections apply to provide justice? How can a case be filed against him? What is the punishment for not taking care of parents in India?

Advocate Devashish Maharishi answered
If a son neglects his mother, she can file a suit for permanent injunction to evict him from her house. Additionally, she can seek maintenance by filing a case under Section 125 of the Criminal Procedure Code (CrPC) (Section 144 of the Bhartiya Nagrik Surksha Sanhita, 2023) to ensure financial support from him.

Q: Legal remedies available if parents are not letting two adults marry

i am a girl 19yr old i love a boy he also love me too much we want to get marry but boy family is not ready to get us marry and they inforce to his son to marry where they want but he wants to marry with me since 2 yr we are trying to convince them but they are not ready to listion us even boy father threaten him that if you do love marriege so he will harm my family into false case from where we cant getrid and also kill me . sir plz suggest how can we solve it because i love him and we both can not live without each other.

Advocate Devashish Maharishi answered
If you both are legally major then no one can stop you from doing marriage, no one has any right to stop from doing marriage, that is against the law, there are several recent judgments of qpex courts in your favour