Advocate Ram Shiromani Tripathi

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

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.

Q: Domestic Violence, Photo Dispute & Marriage Registration Issu

I seek legal advice regarding serious issues faced by my daughter in her matrimonial home. It has been nearly two years since her marriage. Despite police advice, the groom and his family are not cooperating. Money was paid for wedding photography and videography, but they have refused to provide it and now deny receiving payment despite WhatsApp evidence. The groom is refusing marriage registration.The groom’s name differs from his Aadhaar. My daughter is facing continuous domestic violence.

Advocate Ram Shiromani Tripathi answered
You may advise your daughter to immediately file a complaint for domestic violence under the Protection of Women from Domestic Violence Act, 2005. She can also file a 498A IPC complaint for cruelty if harassment is involved. The WhatsApp chats and payment proof can be used as evidence regarding the photography payment dispute. If the husband is refusing marriage registration and there is identity discrepancy with Aadhaar, this should also be brought to the notice of the authorities. She may also seek protection, residence rights, and maintenance through the court.