Advocate Dhananjay Mishra

Questions Answered by Advocate Dhananjay Mishra (25+ answers)

Q: Filing for Divorce wealth and alimony

Need advice for Filing divorceWealth distribution n alimony

Advocate Dhananjay Mishra answered
Divorce, wealth distribution and alimony require careful planning, particularly because the terms of a settlement can have long-term financial and legal consequences. The assets and liabilities should be meticulously assessed and distributed while keeping your future financial position and possible repercussions in mind. Once a settlement is finalized, it can be extremely difficult to challenge later. For detailed advice based on your circumstances, please give me a call.

Q: axis Bank worng transaction refund money 09196-4272-02

You can request a refund 09196-4271-02 for a wrong Axis Bank transaction by raising a dispute online through the Axis Bank Support Portal or by contacting customer care. 09196-4271-02

Advocate Dhananjay Mishra answered
If the transaction is unauthorized or incorrect, immediately report it to Axis Bank through its official customer-care number or official website/app. Do not call or share OTP, PIN, CVV, or banking credentials with any number received through an unknown source. Preserve the transaction details and raise a formal dispute with the bank.

Q: Ragarding dowary and domestic violence

Sir meri wife ne dahej aur domestic violence ki complaint kar rakhi hai FIR ho chuki 10 lakh ka usne personal loan liya tha jo meri help ke liye mere ko diya tha baad me disbute hua hmara 1 year bad usne usko dahej aur jabardasti loan Bta diya vo meri wife Haryana police me hai aur kafi fake aligation lga rakhe hain uske dwara

Advocate Dhananjay Mishra answered
You should immediately start collecting and preserving all evidence supporting your defence, including bank/loan documents showing that the ₹10 lakh amount was a personal loan, messages/chats, call records, emails, photographs, financial transactions and any other material contradicting the allegations of dowry demand or domestic violence.If an FIR under Section 498A/other applicable provisions has been registered, you should consult a local matrimonial/criminal lawyer regarding regular bailYou may also consider filing appropriate matrimonial proceedings for divorce, if the marriage has broken down. Usually these cases get settled in mediation after filing of divorce

Q: time taken to issue an final Ex Parte Divorce. Also when can I remarry

Hello Sir, We have filed for a divorce in the family court since dec 2024, my husband side didnt attend a single hearing till date. 3 times the case went into argument mode. as the judge was in leave, they gave next date which always is after 2 months of gap. now again the judge changed and again next date is 2 months a head .. Now total 3-4 times argument stage is gong on, how much time does it take to complete and give the order & to close the case. when can i remarry after getting the decree.

Advocate Dhananjay Mishra answered
I suggest you take out the certified copies of the court orders. If the opposite party is not appearing then they must have been proceeded ex parte. It is best you take second opinion from a lawyer after showing court orders

Q: How to get interim maintenance and residence orders

My husband filed for divorce alleging false mental cruelty. We live separately due to my PhD; I earn ₹37,000/month as a stipend, while he earns ₹3.5 lakh/month. I do not want divorce and have filed Section 9 HMA and a DV Act case. My in-laws(not senior citizens) deny me entry to the matrimonial home as it’s under their name. What is the best course of action regarding transfer of the divorce case, interim maintenance, and residence rights?

Advocate Dhananjay Mishra answered
For interim maintenance, you may seek appropriate relief under Section 24 HMA in the pending matrimonial proceedings, placing on record your stipend, your husband’s substantially higher income, your educational/PhD expenses and the litigation expenses being incurred by you. Depending on the facts, maintenance and monetary relief can also be sought under the DV Act.Regarding residence rights, a wife has a statutory right to reside in a shared household under Section 17 of the DV Act, subject to the facts and applicable law. The fact that the property stands in the name of the in-laws does not, by itself, conclusively defeat a residence claim; however, the nature of the property, whether it qualifies as a shared household, and the parties’ actual residence history must be examined. You can seek appropriate residence/protection orders under Sections 17, 18 and 19 of the DV Act. If you seek transfer of a matrimonial/divorce case from one State to another, the appropriate remedy is to approach the Hon’ble Supreme Court of India