Advocate Mansha Mishra

Questions Answered by Advocate Mansha Mishra

Q: Are sections 379 and 411 bailable

A mentally ill man has been acussed of section 379 and 411. Can he get bail? If yes, on what basis? What else can be done in this case?

Advocate Mansha Mishra answered
In this regard,I would like to draw your attention to the Section 84 in The Indian Penal Code. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Q: How can i file for my childs custody.

Can i take my child to my native place along with me without my husband's consent? I am being harassed, shouted at, abused on a regular basis by my husband in front of my daughter. She is scared. She is not safe with the father. He has asked me to leave but threatened against taking my daughter with me. Religion: Hindu.

Advocate Mansha Mishra answered
Yes, you can. Besides that, you can also file a suit against your husband for domestic violence and suit for divorce on the ground of Cruelty. Moreover, you'll be also able to claim compensation. At this stage, this becomes important to know that whether you want to separate from your husband or not.

Q: Medical negligence by doctors caused mother's death what can be done

Hallo, Sir, meri maa Jo ki kuch dino se bimar thi or hmm Unka ilazz karba rahe the. Lekin un ko koi faayda nahi ho rha that, prr ye jarror lag rha tha ki unko ache treatment ki jarrort hnn. But sir hamari fainaceal condition achi nahi hnn. Firr hamne unko kese bhi karke Bhopal m dikhaya jnha se hame pata chala ki unko gale m kuch gathan hnn. Jiske liye usski biopsy karni padegi or fir unka shi treatment ho pay ga. Jo ki bo gas victim thi to hm un ko BMHRC le ja k admitte kr Diya sir bnha laparbahi mm unki care nahi huii Orr unkii teen teen baar biopsy ki or 20 dino tkk report aane ka intjar krte rahi Jo ki 7 dino m AA jani thi par kanhi sample galat gaya fir dobara biopsy ki lekin jab report m unko Cancer aaya jbb tkk bo bhut kamjor ho gai thi. Mujhe esa lagta hnn ki biopsy ki laparbahi n unko time brbaad Kiya or unka samay se treatment nahi hho paya. Or akhir din bhi unko kebal nurs hi dekhti rahi or hmm doctor ko bulate Rahe par doctor n unko jab unki sanse thamne lagi jb AA k de

Advocate Mansha Mishra answered
Dekhiye agar Doctors ne ilaaj mein medical negligence kiya hai tab aap jaroor comensation ki maang kar sakte hai. Government hospital/doctor ya private hospital/doctor koi bhi punish ho sakta hai iss laparwaahi ke liye jo jimedaar sabit hoga. Aise bahut se cases hai jinmein Supreme Court ne liable mana hai doctors ko. Isliye aap saare tathyu (facts) and sakhsho(evidence) ko assemble kar kisi ache lawyer se madad le.

Q: Marriage done at arya samaj mandir is valid or not

.i want to know that if i will go to aarya samaj mandir for getting marry with my boyfriend so after that it will be valid or not government n law will approve it or not i m very worried for this pls suggest me

Advocate Mansha Mishra answered
Arya Samaj marriage is legally valid one and is admissible in the court of law. These marriages conducted by the Arya Samaj, are valid under the Hindu Marriage Act(1955) and Arya Samaj Marriage Validation Act(1937). A valid marriage certificate is also provided after successful completion of whole marriage ceremony that may be registered in Indian Courts for further social security