Advocate Rahul Mishra

Questions Answered by Advocate Rahul Mishra

Q: I become the victim of fraud involving a bank loan for a vehicle

one person done fraud with me in the name of bike auction vehicle and it almost 2 month over i didnt got bike or money which i invested i just want to know what to do now

Advocate Rahul Mishra answered
You can register an FIR with the local police station for cheating. The police authorities will investigate the matter and it is possible, that the person will return your money back. If not, se can file a criminal case for cheating with the court and seek appropriate reliefs.

Q: Want divorce from alcoholic and abusive husband

I am hindu married since 2015 and have 2 sons age 5 years and 3 years. My husband is chronic alcoholic and use abusive languages also sometime he beats me badly and he also harsh with kids. He used to get into arguement and physical fight with anyone in family and outside. His day starts and ends with alcohol until salary finished post that either he borrows money or he will not drink until next salary. Try to run from responsibility and make ascuses. I don\'t want to give him child custody.

Advocate Rahul Mishra answered
If you are not willing to continue your marital relationship, you can file a divorce petition in the Family Court and get separated from your husband. About the custody of the child, in most of the cases, is given to the mother.Moreover, in your case, your husband being alcoholic and abusive, the court will in no way grant custody to him.kindly contact for further suggestions and filing Divorce Petition

Q: Should we go for quash or discharge?

bail order: The informant has not raised any grievances against the applicant for the said discord on account of marriage. The applicant has placed on record one chat in between them wherein, the informant texted a message that she is not going to marry him but will ruin him. both are major by age and have voluntarily chosen to enter into\nsexual relationship even they stayed together at respective places\nas a spouse. The discord between them cannot be said to be a\noffence of rape at this stage.

Advocate Rahul Mishra answered
You can go for either of discharge or quashing.However, I would suggest you do for discharge. Reason being the courts have multiple times said that the Applicant shall first go for discharge and in case the Discharge Application is rejected, only then file a Quashing Petition. Do contact for further details and suggestions.

Q: My maid is subject to physical abuse

My maid is subject to physical abuse by her husband. She says she got beaten and choked upon by her husband yesterday and this wasn\'t the first time. She reported this to the police before and fir was lodged, police contacted the husband and he reassured that he won\'t do it again. But he did. Police didn\'t write another report, just kept scolding him. Now he doesn\'t fear the law and my maid is scared. What to do?

Advocate Rahul Mishra answered
We should bring this to the notice of the local judicial magistrate who would direct the concerned police station to investigate the matter and report to the magistrate.Accordingly, action would be taken against the husband of your maid for committing domestic violence.

Q: Mutual divorce fees and time lawyers fees and cooling off time require

Just want to ask do we compulsory need to wait for 6 months of cooling off time ? And what will be the lawyer fees?

Advocate Rahul Mishra answered
It is not compulsary to wait for six months cooling period. However, most judges do not waive off the cooling period so it depends on the judge. But we can definitely convince the court for the same by stating that there is no chance of conciliation between the parties.The fees of the lawyer would be minimum, somewhere around twenty k which includes filing, drafting, court fees, and other miscellaneous expenses since both the parties are consenting to get separated.