Advocate Mahesh Chandra Joshi

Questions Answered by Advocate Mahesh Chandra Joshi

Q: Is circumstantial evidence admissible in court to prove wife adultery

What could be circumstancial evidence to prove my wife's adultery in court? Does circumstancial evidence admissible in court?

Advocate Mahesh Chandra Joshi answered
Dear client , Even if it's circumstantial evidence you have to prove it .Example :Some one said he saw your wife with someone in an hotel . That he has to prove through hotal documents or cctv cameras or some other means that she was there and stayed as wife of someone ...

Q: What steps to take against in laws for tutoring and get maintenance

I got married on 6 Nov 2016 in haldwani. My in laws are in haldwani but husband works in private company in delhi.After Marriage I went with my husband to delhi.We were living in a rented house and the landlord is a lawyer . My mother in law always instigated my husband against me and he fought with me always but I thought conditions will improve. In between the fights he always blackmailed me that he would commit suicide so I kept quite. In October I came to my in laws for my delivery. During that time also my mother in law tortured me a lot .On 2 Nov I gve birth to a baby girl. After two days my mother in laws started fighting with me on useless issues and picked up a weapon ( kirpan ) which was kept near the baby to save her from fears. My husband also started blaming me for all the things. I got furiated to see all this so I decided to go with my parents instead of my in laws. Since then my in laws and husband have never visited me and my daughter. What to do me financially weak ?

Advocate Mahesh Chandra Joshi answered
Dear , file a case under section I)125 crpc for maintenance , ii) domestic violence act ; in this act u can also pray for accommodation at In laws residence with facilities . iii)498A ipc can be filed with medical injury report .....

Q: Students blackmailing for getting job when not promised of it

Dear Here I am writing for proper guideline which I need to follow. I am working with emergency service company as district manager. Company is running medical college too. And basic life support programs certification offer in 2360+lodging boarding. After discussion with principal I want to the class room and ask to students for the certfication programme. 41 students were ready for the certification course turning course I did not make promise for job. Now after sending demand draft to the collge students are blackmailing for job And their principal supporting them. I having demad draft Xerox . Please let me know what should i do .

Advocate Mahesh Chandra Joshi answered
Dear , I fail to understand that how students are claiming for job from you ? You are just an employee of concerned medical college . I think it would be better to go through the drafting of the certificate course. I would like to go through it throughly . How's that the Employer himself claiming job for students .Something is fishy . Show the Certificate course copy and its authenticity .Thanks

Q: Remedy as wife wants to file for divorce & husband deny for the same

My husband and I have been married for 20years now. Things were not pretty from the start but I had to adjust because we had a child very soon and another later. I stayed with this man just for the sake of my kids and as he was the only bread earner of the family. Now one of my kids has gone out for studying but one is still in school. My husbans problem of domestic voilence had increase a lot in these years. These days it has increased to the point that I am scared he might even kill me. Please suggest something. I want a solution to this problem plus he is not a good person and I can definitely prove it to you. I don't want to tolerate this from him anymore I have a daughter myself and I don't want all these fights to have a bad affect on her. Plus he is the type of man who will not agree to divorce. But we have to because this is getting worse day by day. Please suggest what to do.

Advocate Mahesh Chandra Joshi answered
Dear, Twenty years are not here .Why didn't you file it at an earlier stage ? Explain the type of violence . Do you have any medical evidence. ..... that he casued injuries etc. Prove it with evidence .

Q: Advice in case in laws forcefully asking to give divorce.

I am a hindu working girl married since 2015. In 2016 I left my in laws home because of the conflict between me and them(mother in law). My husband did not live with me from starting because of his job. Now my in laws want divorce but I dont want to divorce my husband. What should I do....? I have no desire for divorce as well as second marriage.

Advocate Mahesh Chandra Joshi answered
They can't force you to accept divorce suit .You can fight it and defend your case .Moreover go for section 125 crpc for maintenance , 498A ipc and Domestic violence petitions .If your husband possess a house , then seek a portion of it through Domestic violence Act.