Advocate Rohit Lakra

Questions Answered by Advocate Rohit Lakra (25+ answers)

Q: I want to file petition in sc under article 32

I want to file pention under article 32 for violation of my fundamental right guaranteed under article 21, Police harassing me and my mother, my fundamental right violate I am from middle class family. I want a lawyer in affordable fee

Advocate Rohit Lakra answered
Hi Sir Can you please in detail why is the police harassing you and what are the incidents you guys faced. please explain the facts of the case on detail . Also have you given complaint to the nearest police station

Q: What action I take because after summons he take objection to me

My cousin and me grew up in joint family property. After parents pass away we having big dispute over property. He file false complaint. He tell other family he going summon me. So I renew passport. He now take objection to police clearance. What action I take because he summoning and he take objection to my stay.

Advocate Rohit Lakra answered
To handle a false police complaint from a relative, gather evidence (like call records, CCTV footage, and witness statements) to prove your innocence. Cooperate with the police investigation, file a petition in the High Court to quash the FIR if any , and consider filing a counter-complaint for defamation or other offenses against the relative. If the false complaint is malicious, you can also seek compensation or take other legal actions against the complainant and potentially the police for their misconduct. Rest we can discuss over call

Q: Is major earring daughter entitled for maintenance under DV act

Hi,Is major earring daughter is entitled of getting maintenance from her retired father under DV act 2005

Advocate Rohit Lakra answered
No, a major earning daughter is not entitled to maintenance from her father-in-law in India. Maintenance laws generally require the claimant to be unable to support themselves, and a married daughter or an earning major daughter doesn't meet this criterion. The laws, such as Section 125 of the CrPC and the Hindu Maintenance and Adoption Act, allow for claims from parents or for a widowed daughter-in-law in specific circumstances, but not for a daughter-in-law from her father-in-law under the conditions described. Rest we can discuss over call

Q: If A Girl Planned marriage for divorce+alimony, am I bound to pay?

If I am able to provide proof that my wife and her family had planned from the very beginning to get married only with the intention of later seeking divorce, maintenance, and alimony from me, will I still be legally bound to pay her maintenance or alimony?

Advocate Rohit Lakra answered
Yes, a husband can be bound to pay alimony and maintenance in India, but the reverse is also possible if the wife is financially independent and the husband is unable to support himself. Under Indian law, a spouse (whether husband or wife) can seek maintenance or alimony after a divorce if they are financially dependent on the other spouse. The court considers factors like the income of both spouses, their standard of living, financial status, and each individual's financial need to determine the amount of maintenance.

Q: transferring the divorce case from AndhraPradesh to suprme court

we need assistance in transferring the divorce case from AndhraPradesh to suprme court

Advocate Rohit Lakra answered
To transfer a divorce case from a district court to the Supreme Court in India, you must file a transfer petition under Section 25 of the Civil Procedure Code (CPC), 1908, which provides a basis for inter-state transfers. The petition, supported by an affidavit detailing the reasons for the transfer, must be filed with the Supreme Court. You need to prove that the transfer is necessary to meet the ends of justice, due to factors like inconvenience, bias, safety concerns, or a lack of appropriate jurisdiction. Rest we can discuss over call