Advocate Manashwy Jha

Questions Answered by Advocate Manashwy Jha (25+ answers)

Q: Execution of decree, court given order in my favour but I am facing pr

Kashmiri gate consumer court give order in my favour on 1st April 2024. There are two year after that but I didt receive any money. 7 times warrants issued against JD but they did not appeared. Their lawyer make false promises on every date. What can I do, can I appeal to the court to act against lawyer. Does consumer court has power to act on lawyer.

Advocate Manashwy Jha answered
You have to file execution, and in the execution proceedings, file application for attachment of their property / assets and bank account. In addition, file application for arrest and custody of the JD in view of failure to pay. You’ll have to create pressure for JD to make him pay.

Q: No maintenance after court order

My husband refused to pay maintenance after court order. Even he stopped coming for the hearing as well. Now he has appeal led in high court for not paying maintenance. Now my question is what will happen after that ? What should I do ? I have already filled execution case against him in the court also. I need money for my treatment but they are refusing it as my treatment is happening in pct hospital. Please suggest. And how will I get divorce also since he refused to give that as well.

Advocate Manashwy Jha answered
You will have to seek these reliefs in the cases that you have already filed and which are going on. In case if you are in urgent need and you don’t have enough resources, then the same needs to be brought to the notice of the Hon’ble court and pray for urgent reliefs. You will need to push hard to get your reliefs, unless you show urgency before the court, how will they understand your need. The party needs to show its need and urgency before the Court to get relief. Also see if high Coirt has stayed any proceedings or not, executing court should pass orders in your favour.

Q: Will for Father who is in advanced Alzheimer (Mother Died)

Dear Sir,We are a Family of 3 ( 1 Sister + 2 Brother). Our mother dies 2 years back and father is currently battling advanced stage of Alzheimer. However there is No Will and hence we are not able to manage their Bank Accounts / FD / Properties etc. As per law what is the way to take get this Will made?

Advocate Manashwy Jha answered
A will can be made of any living person. Since your father is under medical condition, it will be proper to get a doctors advise as to in what condition can he be considered sane to execute a legal document. Along with couple of witnesses, who can be close friends or family relatives, a Will can be made as per his wish of his assets and properties. The Will, once executed, will come into effect only after the death of the person (testator). There is one executor assigned in the Will- who can be any person of the choice of the testator, whose responsibility is to execute the Will after the death of the testator.

Q: Under which section of cpc i can file discharge petition in dv case

Sir, ma'am my wife files a false dv case against me and my whole family. we all live in same house but floors and kitchens are saparate. my wife left my house in just 24 days after the merriage. I want to file a discharge petition for whole family members excluding me. Under which section i can file the discharge into a false 12 dv case. By relegion i belongs to a hindu Brahmin family

Advocate Manashwy Jha answered
Section 262, Section 268, BNSS is provision for seeking discharge for accused. There is also a limitation of 60 days under the new provision for seeking discharge. It will also depend on the stage of the proceedings, where the charges have been framed or not. The evidence along with facts should be strong enough to prove innocence at the early stage in case where discharge is sought. It will be a challenging task.

Q: Can conditions mentioned in Divorce decree be changed after 2 years.

Can conditions mentioned in Divorce be changed after 2 year divorce decree is declared.

Advocate Manashwy Jha answered
It depends on the circumstances and the nature of change required. Simply put, making any significant change is difficult, can be given a try depending on the requirements and circumstances. It is difficult to put it in a straight jacket formula, however, it is not easy and will be difficult, more so, because of lapse of two years.