Advocate Rajesh Mishra

Questions Answered by Advocate Rajesh Mishra (25+ answers)

Q: Can i get back my gold given to wife after divorce ?

my wife need divorce and she want my family gold which my mom given in my marriage. what to do with mangalsutra after divorce ?, is mangalsutra returned in divorce ?

Advocate Rajesh Mishra answered
Dear client As per the law the ornaments given by the parents of the daughter and her inlaws are the her jewellery and it is known as STRIDHAN. So husband and his family has no right over the said ornaments.

Q: How to check if someone is married in india ?

Hello, I am a Hindu Brahmin lady living in Mumbai, Maharashtra. I would like to verify if a particular person was married earlier and know their current marital status. Is there any official website or method available to check if a person is married in India or to check marital status online? Thank you for your assistance.

Advocate Rajesh Mishra answered
Respected Madam,

Your question seems to be based on a concern or doubt, which is understandable. While marriage is a sacred union built on love, trust, and honesty, unfortunately, there can be instances where individuals hide or suppress their marital status.

Please note, there is no official website in India that allows you to verify someone's marital status directly. However, you may cross-check their identity and residential details using documents such as:

• PAN Card
• Aadhaar Card
• Driving License
• Passport
• Ration Card

Q: What is a Manhani Case ? how to file manhani case ?

What is a Manhani Case? What are the Criminal Consequences of Filing a Manhani Case?

Advocate Rajesh Mishra answered
Dear Client, Here are the suggestions for your query:

1. If any person is making a defamatory statement or publishing an article that harms your reputation in society and causes loss to your business or income, you can take legal action.
2. First, send a legal notice to the opposite party, demanding compensation for damages.
3. If the issue is not resolved, you can proceed to file a criminal case against the person for defamation under Sections 499 and 500 of the IPC (now section 356 of BNS).

Q: Want advice to for divorce or medical treatment.

Since day 1 of marriage i have bee observing my hubby's behavior which is not normal. He has strange behavior, sleeping single with many tools beside him. Ignoring wife, knifes collection. We just had intercourse for twice or thrice in this six years. Hubby is working in IT company, i thought of office problems, project change which is true but he is mental ill. He dont have any illegal affairs, Don't expect single money but don't let me to mingle with anyone he is the only person with whom i talk and rest my mother and sister in phone. Always lives in past, criticizing, we stay in separate rooms as their parents. I lost patience. I thought if i have kids both will be happy. I have asked several times. He refused to take any step, i gave many options artificial methods, adoption but he refused. Last year in 2021 i stayed at my mother's house for 6months but nothing change same thing is repeating here. I know nothing will change without treatment which he is refusing.

Advocate Rajesh Mishra answered
if you want divorce, you can file divorce petition but that would be contested petition and it will take time resolve dispute. if your husband is ready for divorce, you can file mutual consent divorce. it will be dissolve in six months.

Q: What case to file against Talathi who has tampered with document

I am From  Maharashtra. I have to file a 420 case against a Talathi in my village which has tampered with our 7/12 document. So where do we have to file a case under Section 420 and how?

Advocate Rajesh Mishra answered
Dear Client, you have to first obtain the certified copies of 7/12 & other relevant documents which is tempered by the said local body officer. thereafter you have to file one complaint with the said local body office and also filed one detail return complaint in nearest police station and also to the office of SP. in case no FIR is registered by the police then you can file criminal case U/s 420, 467 & other relevant sections of I P C before the Hon'ble JMFC Court in your area and pray for order U/s 156 (III) of Cr.Pc.