Advocate Rahul Mishra

Questions Answered by Advocate Rahul Mishra

Q: Divorce on Adultery basis with my spouse

My wife has affair with her collogue, got her massage on her cell phone after talking to each other i was trying to forget all things bu now she started contact him again. may i get divorce on that basis. i dont want to see her face again. i have two child age 12 & 7. she is earning handsome amt wit her job in Govt sector, so she is not dependable on for financial issues. how i can get diverse with her.

Advocate Rahul Mishra answered
If you and your wife both are ready for divorce then you can file for a mutual Divorce Petition.However she has to agree that she doesn't want any maintenance or alimony and get separated without any monetary terms.But if she is not ready for divorce then you have to send her a notice for divorce citing adultery and accordingly file divorce case against your wife.For further assistance, you can approach me.

Q: legal services for the case nsadhjaehefa kkakrhjejlr ahejrjrjlakjjkd

Hi Need to discuss my case with a lawyer in Mumbai who specialises in sec 90C, 420, 415 - establishing physical relationship and emotional abuse by manipulation, fraud, distorting married status/facts, cheating, intimidation, e.t.c Please email me your email and I will send a google meeting link.Given the nature of the case, the first call needs to be anonymous as I want to discuss details and charges. Would prefer someone who has contacts with NGOs also as such incidences are increasing.

Advocate Rahul Mishra answered
By the above, I think your matter is relating to physical relationship by a guy manipulating facts about himself and thereby cheating you. We can register FIR against the guyWe can discuss your matter and see what could be done.

Q: Query on re-marriage process in India(Hindu Law).

If spouse betrayes and runs away with someone without leaving any digital footprint and tracability,can someone is legally allowed to search for the second life partner (without marriage/live-in) ? so that, once the divorce decision will be in place, remarriage can happen after 3 months?Secondly, in the above case, can the divorce process be expedited for a faster divorce ?

Advocate Rahul Mishra answered
The fastest way to get divorce from your partner is mutual Divorce as there are minimal procedural requirements. If you go for a contested divorce, it'll take atleast a couple of years to obtain divorce.

Q: Mutual concent divorce with child Custody

I have married and have 4 month old baby.first Marriage anniversary will be in Jan. I had discussed with my husband that I want divorce. He inquired about process to one of lawyer. Husband is saying that after first hearing of mutual divorce in family court, he can take custody of minor child. Is it possible if I am ready to give up custody? He is planning first hearing in Feb

Advocate Rahul Mishra answered
If you and your husband both have mutually decided to dissolve your marriage, you can file for a uncontested Divorce Petition before the family court.Yes it is possible for your husband to take custody of minor child. He can do so even before the first hearing if you have consented to it.You both can have a common advocate or have separate advocates for representing yourselves before the Court.For further assistance you can approach me.

Q: My boyfriend is cheating on me. I want to do FIR on him

I love my boyfriend very much. I'm very loyal to him but he is cheating on me. He did everything like we had physical relationship also so many times. He promised me to marry before physical relationship but now he is cheating on me and not fulfilling his promise of marriage.

Advocate Rahul Mishra answered
If your boyfriend has cheated you and had a physical relationship with you and obtained your consent on the pretext of marriage, you can file a FIR against him in the nearest police station in your jurisdiction for the offence of rape. For further assistance, please contact