Advocate Drishti Mittal

Questions Answered by Advocate Drishti Mittal (25+ answers)

Q: Inheritance of special perks via living with step father

My mom and dad got divorced when I was 7 am almost 16 now. I've received close to no financial help from my father. My stepfather and mother solely raised me. My stepfather is OBC, and aren't special perks for people who face disadvantages? Well, I lived with his background, his surroundings, and went through exactly what he did. I think i do have a case here cause if I don't get OBC perks for living this way my whole life, when will I? And My STEP DAD raised me, not my real dad.

Advocate Drishti Mittal answered
I understand your situation, but legally, OBC status is generally determined by birth and the caste of your biological parents, not by upbringing or the environment you were raised in. Simply being raised by a stepfather belonging to OBC does not automatically entitle you to OBC reservation benefits.However, your case is not entirely without options. If there has been a legal adoption by your stepfather (through proper legal process), or if certain state-specific rules or exceptional circumstances apply, there may be a possibility to explore your claim. Also, your father’s failure to support you financially can be addressed separately under maintenance laws.This is a slightly nuanced area where small facts can change the outcome significantly. If you want, I can help you understand whether you have any workable legal route based on your specific documents and background.

Q: Defence Evidence Stuck off and arrest warrant

The court has struck off defence Evidence after giving multiple chances to accused. Since Accused has stopped appearing in the court, warrant of arrest through joint commissioner of police, please suggest what will be the next step now as a complainant on the NDOH , if accused is not brought to the court on NDOH and how would we know if the arrest warrant is being processed (PF) already filed. Kindly suggest since we have a doubt that arrest processing may be put hold.

Advocate Drishti Mittal answered
Since the defence has already been struck off and the accused has stopped appearing, the matter is now in your favour procedurally, but execution is the key. If the accused is not produced on the next date, your advocate should immediately press the court for a status report on execution of the warrant and, if required, seek directions to the concerned DCP/Joint Commissioner for compliance. You can also verify whether the process has been issued by checking the PF status through the court record/Ahlmad and ensure the warrant has actually been dispatched. If there is any delay or suspicion of inaction, a follow-up application for strict execution and personal accountability of the SHO can be moved. This stage is crucial because many matters get delayed due to weak follow-up—handled properly, it can force the accused’s appearance or even escalate the matter significantly. If you want, I can guide you on the exact steps to track and enforce the warrant effectively.

Q: Defence Evidence Stuck off and arrest warrant

District court has struck off the defence Evidence, case will be at Judgement stage now. An arrest warrant through joint commissioner of police has also been issued (PF filed) same day, now as petitioner, how can we ensure that court's order is followed and what are the options for respondents to get rid of this warrant of arrest and defence Strike Off order, what should our advocate's duty here ,what should be the next step as complaints ?

Advocate Drishti Mittal answered
Since the defence has already been struck off, your case is at a very strong stage and the court will largely rely on your evidence. Your advocate should immediately push for final arguments and early judgment, while also ensuring strict follow-up on execution of the arrest warrant by moving a compliance application if required. At the same time, be prepared that the respondent may try to file applications for setting aside the strike-off or cancellation of warrant, which must be strongly opposed to prevent them from re-entering the case. This stage is highly crucial—handled correctly, it can lead to a clear victory; handled casually, it can reopen the entire matter. If you want, I can guide you on exactly how to block their remedies and secure a faster judgment.

Q: Eviction from property by missusing senior citizen act.

My perents is a pensioner . And living with my younger brother. My brother is also a Govt employee My brother missuse senior citizen act. In the greed of property. How i can oppose the eviction case.

Advocate Drishti Mittal answered
Got it. Here is the correct brief answer:Response:Your brother has no right to file an eviction case against your parents, especially when the property belongs to them and they are senior citizens. Only the property owner or the senior citizens themselves can seek eviction under the Senior Citizens Act. You may file a reply stating that the petition is legally not maintainable, is filed with malafide intention for property, and deserves dismissal at the threshold.For a detailed opinion please contact me.

Q: Respondent not attended for last 2 hearings for settlement

Divorce court judge is asking respondent to attend for reconciliation or settlement and agree for mutual divorce. Respondent is not willing for mutual compromise. Already divirce case is in the stage of Cross examination done to petitioner. Now respondent failed to attend court hearings for last 2 hearings on back to back dates. What will the judge do. Will he issue exparte divorce decree or impose fine or give another date of adjournment

Advocate Drishti Mittal answered
If the respondent is repeatedly absent without any valid reason, the court can proceed ex parte and continue the divorce case based on the petitioner’s evidence. The judge may also impose costs for non-appearance, but generally the court gives one last opportunity before passing ex parte orders. Since the matter is already at the stage of cross-examination, the court is unlikely to delay it further.For a precise opinion based on full case details, please contact me directly.