Advocate Poonam Rakesh Mishra

Questions Answered by Advocate Poonam Rakesh Mishra

Q: Is maintenance to be paid if wife living separately

If my wife dont want come back my home still i hve to pay maintainance to her

Advocate Poonam Rakesh Mishra answered
Yes.you have to pay maintenance to your wife until she is not remarry.either you can file divorce case and pay her full alimony.or else you have to pay till she is alive or not getting remarry.so either pay maintenance or get divorce.

Q: quashing petition initiated by opposite party against the FIR

I writ in Highcourt for direction to Lodge fir and on Highcourt order police Lodge fir (465,471,114) now respondent doing for quashing & set aside fir/order. What I do now ?

Advocate Poonam Rakesh Mishra answered
Hire a lawyer.and file your reply against quashing of that FIR.Highcourt will listen both the parties and after that order will be pass regarding quashing if said FIR.just show reason about filing of that FIR i.e. documents.

Q: How to add wife name on title deed

How do.i get the EC in vastrapur ahmedabad How can i add.my wife's name in the title deed in ahemdadabad

Advocate Poonam Rakesh Mishra answered
As per your query you need to fill up a form either with marriage certificate or with invitation card and husband's adderess proof and voter's card.but this procedure will be done near by your zone or Jan suvidha Kendra before the time of election.kindly go and inquire.

Q: Procedure for how to withdraw a case

Police force me to file false case against accused.nothing happen with me.accused done 420 with police and police use me to file 376.how can I withdraw that case.10 may 2018 case filed.plz help me.i m from good family..otherwise I will commited suicide.

Advocate Poonam Rakesh Mishra answered
Hello! I have read your query.as per your query you need to file consent quashing u/s 482 of criminal procedure code in your concern High court.file affidavit to quash the concern FIR.if you are major 376 case will be quash with your consent affidavit for quashing.dont worry no need to commit suicide and this quashing procedure with take hardly 15-20 days.

Q: Can a case under Sec 138 continue if there was a promise agreement

Sir , I have filed case under sec 138 but in between party approached me & promised me of paying the amt within 2 mts and an agreement was made mentioning this promise but after 2 mts he failed to retuned the amt and the matter is in the court . Now I want to know whether party could defend itself by saying that case should not be processed under sec 138 because a promised agreement was signed by both of us .

Advocate Poonam Rakesh Mishra answered
As both parties has made promissory note to pay back the amount of cheque.and if he fail to follow the condition of their promisiory note.it is not be use has defence to the accused.untill unless the accused will not pay back the cheque amount.he case will not be disposed or you can not withdraw it.