Advocate Manmohan Kumar Jha

Questions Answered by Advocate Manmohan Kumar Jha

Q: husband asking for divorce suddenly after 10 years of marriage.

Happily married (love marriage) for 10 years. m a working woman and husband always supported me even after some light arguments sometime. he was never working full time and doing all kind part time works commission basis till now. now dussenlly he is asking for divorce and i have already requested him and begged him so much but all in vain. now he is iving separately since 1 month and not replying properly to anything. not ready to talk and avoinding any seroous discussion regarding our relationship. only talk to our child by phone once in a days. i am very stressed now. dont know what to do. i just want to save this marriage even though i hate him now already but just for the sake of our child. please suggest

Advocate Manmohan Kumar Jha answered
hi.. I can understand the situation you are going through, my opinion is to please try to convince him with the help of other senior and respect member of the society, to live together. If it doesn't work then you may move legally and file a petition for restitution of conjugal rights and you may also claim maintenance from your husband. it will definitely help you alot to save your matrimonial life and it will help you to support you and your children financially also. To know more please get in touch and visit our office.thanks

Q: Mental Abuse less than 3 months of Marriage

My sister got married in March 2021, however withing 2,1/2 months of marriage things have gone south. The marriage took place in Temple with full procedure and pic were clicked, however registration is not yet done. She was not being treated properly at their in laws house. They use to abuse her parents in front of her. Made her work like a maid when all had covid and kept on complaining abt it, told that they are spending money on her medications for the covid and she should return something and the husband kept quite. She does not want to go back anymore, she has received some jewelry from her parents that too is left with the in-laws. Can she stay separate and not go back, will there be any consequences that the boys side can take? And how can she apply for a divorce.

Advocate Manmohan Kumar Jha answered
Divorce can't be filed within one year of marriage, though application may be moved under protection of woman from domestic violence Act and maintenance may also be claimed. you may get back the stridhan like jewelry etc.

Q: Second motion due but the Judge has expired, what will happen to the c

Hi, my 1st motion was done in February and we were thinking of applying for the 2nd motion as both the parties are staying seperate for the last 5years. Unfortunately the Principal Judge has expired. Now the court is vacent. When will the new judge come and how will the case proceed?

Advocate Manmohan Kumar Jha answered
Second motion will be moved in same court, it won't affect your case if principal judge has expired. you may move second motion even now but your matter will be taken up when new judge will be appointed.

Q: Assault on government servant while on duty.

When government servant is assailted on duty amd fir is filed . Who fights the case on behalf of government servant its employee itself or government

Advocate Manmohan Kumar Jha answered
The mentioned case is related to obstructing a govt. employee from performing his/her duty. If one assaults a govt employee/public servant while performing his/her duty then they have to face criminal proceedings under section 353 of IPC. Usually it is the state which prosecutes the wrongdoers.