Advocate Ram Shiromani Tripathi

Questions Answered by Advocate Ram Shiromani Tripathi (25+ answers)

Q: How exactly does one change their name in India?

To legally change my name, where do I start? My question is not about general process, rather, I want to understand exact step by step process. Where can I get the affidavit notarized? And will it be enough if I publish the name change advertisement in local english and hindi newspaper? Is there anything I am missing?

Advocate Ram Shiromani Tripathi answered
​Complete Checklist of Required Documents:​Original Notarized Affidavit​Original Newspaper Cuttings (full pages of both English and Hindi newspapers containing the notice)​Application Proforma signed by the applicant along with two witness signatures and their ID proofs​Self-Attested ID & Address Proofs (Aadhaar Card, Voter ID, or Passport)​Passport-Sized Photographs (2 nos., self-attested)​Online Fee Payment Receipt generated via the Bharatkosh portal

Q: Aadhar DOB limit cross problem. 10th and birthday certificate is same.

My Aadhaar DOB update limit is crossed. However, my correct DOB is identical in my 10th marksheet and birth certificate. Will my DOB genuinely get updated in Aadhaar based on my 10th marksheet? If yes, what is the exact process and how much time will it take to update? Can you please guide or help me speed up this correction process? Kindly provide the step-by-step resolution. Thank you.

Advocate Ram Shiromani Tripathi answered
Since your lifetime Aadhaar DOB update limit has already been crossed, the standard update process will not work. The only legally valid way to rectify this now is by publishing a formal Government Gazette Notification for the date of birth correction and submitting it to the UIDAI Regional Office for manual approval.

Q: filing of Habeas Corpus at allahabad court

Writ of Habeas Corpus or Mandamus- Allhabad court - Missing brother from 13 years, no FIR

Advocate Ram Shiromani Tripathi answered
You may approach the Allahabad High Court under Article 226. In your case, a **Writ of Habeas Corpus** is generally not maintainable unless there is specific evidence of illegal detention by any person or authority.Since your brother has been missing for 13 years and no FIR was lodged, the proper remedy is first to file a **missing person FIR** before the concerned police station. If the police fail to act, you can file a **Writ of Mandamus** seeking directions to the police authorities to register the FIR and conduct a proper investigation.Court may also direct constitution of a special investigation or status report. Prior documentation and representation to police authorities will strengthen your case.

Q: Request for Legal Advice on Employer Threats Without Evidence

My former employer is threatening legal action under BNS and Companies Act without providing any written proof or details. They are forcing me to appear in office immediately and not allowing remote clarification.They are alleging financial discrepancies of 1–1.5 crore but have not shared any documents, transactions, or evidence.Is it legally mandatory for me to appear in person without receiving written details? What should be my next step to protect myself?

Advocate Ram Shiromani Tripathi answered
You are not legally required to appear in person based only on verbal allegations. Ask for written details, evidence, and a formal notice. Do not visit without proper legal communication. Keep all records, and if pressure continues, respond through a lawyer or take legal action for protection.

Q: Meri wife ka saman mere pass hai ab woh divorce maang rahi hi. Aur Mai

Meri wife ka saman mere pass hai. Woh 8 mahine se mere sath nahi reh rahi. Ab woh apna saman wapas maang rahi hai aur divorce bhi maang rahi hai aur Main usse divorce nahi Dena chata toh toh agar woh 406 ka case dal deti hai toh Main kya karu

Advocate Ram Shiromani Tripathi answered
You can file a petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. This shows that you are willing to resume marital life and want your wife to return. It will also strengthen your position if she files any case against you, as it reflects your genuine intention to continue the marriage.