Advocate Rahul Mishra

Questions Answered by Advocate Rahul Mishra (200+ answers)

Q: Contest or Wait for Wife to file it

We live in Canada and visited India for my brother's wedding. The day before our return, my father-in-law took my wife, citing medical reasons, and promised to bring her to the airport, but she never returned. It’s been 17 months. She kept asking for space and didn’t return despite my two visits. Recently, she asked for a mutual divorce, which I agreed to, but she went silent after I sent the draft. Now, she's asking for my ITR for 3 years, raising suspicion. Lawyers advise either waiting or fil

Advocate Rahul Mishra answered
No need to share your ITR to your wife. You are not bound to share it. It is possible that she's preparing to file a divorce or domestic violence case Avan you. My suggestion to you is to wait for her to file the divorce case and then contest itMeanwhile, you can send a notice through an advocate for getting the marriage dissolved by way of mutual consent.

Q: Husband denying to pay maintainance

My husband 48yrs and me 45yrs married in 2011 having 11yr old daughter ,my husband has borrowed 7.20lacs by blackmailing me emotionally now not ready to repay the amt, he is trading addict,alcohol addict abusive and violent ,after staying for 13yrs with him now I have decided to take Judicial Separation frm him ,I've filed DV case ,he has stopped paying HL EMI,paying daughters fees &household expenses last 4-5months he isn't ready to pay us anything+he has made me spent 10L in home interior.

Advocate Rahul Mishra answered
Claim interim maintenance from your husband for yourself and your child in your DV matter. If he refuses to pay, take out distress warrant against him for the execution of maintenance order against him.

Q: Money given to so called investor but not giving money back

How to get money back.I have invested money in one of investment company. They promised they will monthly give some payouts.But after long time have not got anything. And don't know where they are now. Their office is closed.I have their monthly check with me (but now expired)Also have a 100 rs stamp kind of affidavit about all the deal.What we can do. Hello has taken money many people..Please suggest.

Advocate Rahul Mishra answered
Register FIR against the people acting on behalf of the investment company. Provide details of their number/mail id and your transactions with them and also register cyber complaint by which you can get their bank accounts freezed and claim your money backPolice will take necessary action by arresting them and handing over you back your money.

Q: can I get back my wife to house

Can court force to wife for stay with husband, such no reason with her to left from my home, i am trying to get back her home, but her parent are manipulated to convince for devoice with me, even i am trying to communication with her, that option also gone from my end because they are not allow to me in home and as well as block everywhere in phone. please suggest me if there is law rules to get back her home

Advocate Rahul Mishra answered
Yes there is definitely provision in law by which you can make application to Court for bringing back your wife to stay with you. You have to file a Petition for Restitution of Conjugal Rights before the Family Court. You can approach me for the same.

Q: Does an MOU have any legal value?

What if the other party takes a uturn and does not cooperate with mcd or 498a after signing mou and taking part payment?In such a case, Will the MOU help me in winning contested divorce?

Advocate Rahul Mishra answered
Apart from MOU, it is advisable to prepare a Consent Terms wherein both the parties wilfully agree to every settlement point and submit this consent terms with the Family Court for MCD and with the Criminal Court for 498A.On failure of your spouse abiding by the Consent Terms, you can approach the Family Court for execution or if the circumstances allow, you can approach High Court