Advocate Drishti Mittal

Questions Answered by Advocate Drishti Mittal (25+ answers)

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.

Q: Multiple False DV Complaints In NCW

My ex wife has filed 2 DV complaints in Mar and Oct 2024 and has made different statements for same cause of action .Also she has used 2 different email address for each complaint. While these complaints were pending she filed DV case in court also.She also withdrew DV case in 2022 as I filed a FIR against her for house trespassing and she wanted me to withdraw criminal case against her. I want to know what action I can take against her and will NCW take legal action against her

Advocate Drishti Mittal answered
Filing multiple DV complaints for the same cause of action and giving contradictory statements can amount to abuse of process of law. You can move an application before the court to dismiss the subsequent complaints as duplicative and even seek costs. If her statements are materially false, you may also explore proceedings for perjury under Section 340 CrPC.NCW does not take punitive action but can issue notices, call both parties, and recommend appropriate steps. For effective remedies, including how to proceed against her misuse of law, please contact me directly for detailed guidance.

Q: in divorce case cross question how to prove desertion is from wife

in divorce case during cross question of wife husband has filed divorce on desertion groundwhat are the common question to be asked from the wife during the cross examination to prove that desertion is from wife side

Advocate Drishti Mittal answered
To prove desertion by the wife during cross-examination, questions generally focus on why she left the matrimonial home, whether she had any reasonable cause, and whether the husband ever refused to take her back. Common questions include:• When and why did you leave the matrimonial home?• Did your husband or his family ever ask you to leave?• Did you make any attempt to return or reconcile?• Did you issue or receive any communication (messages/calls/legal notices) regarding resumption of cohabitation?• Are there any incidents of cruelty that prevented you from staying?• Did you leave voluntarily and on your own decision?These questions help show that the separation was without reasonable cause and against the husband’s wishes, which is essential to establish desertion.For detailed and case-specific guidance, please contact me.

Q: Judge not taking up my Application for Arguments since last 2 Years

I filed application under Sec 91 CrPC 2 years ago but the judge has not taken it up for arguments since last 2 years despite verbal requests and same is pending. He has taken up OP's application which were filed after mine including one under Sec 91 CrPC for arguments but not mine which was filed before her applications. What application/objection could I file for judge to take up my application.

Advocate Drishti Mittal answered
If you are appearing in person, it might be possible you are not able to convey the judge properly. You can file one. miscellaneous application to take your application and adjudicate that application before dispose off any interim maintenance application