Advocate Sandeep Mishra

Questions Answered by Advocate Sandeep Mishra

Q: Can a complaint be filed against Adult Muslim girl if she runs away?

If a Muslim girl(DOB-16/12/1999) runs away from her house just after completing 18 years of age(like her 18th birthday is in December 2017 and she run away in January 2018) without stealing anything? Will that be considered illegal. The reason behind leaving her house is pressure made by her parents for marriage which is in March 2018. Will police file a missing complaint or any other complaint by her parents to find her?

Advocate Sandeep Mishra answered
The primarily Parents have right to file missing complaint in concern police station regarding her non availability and another aspects of this case is no one legally force her for marriage. she have total (fundamental) right to choice to select her partner. For further details you come for meeting with proper detail.

Q: Can a government employee work in a private college?

Sir I am a government employee but I am also working in a private college without salary proof. I signed a fee receipt in that private college and that student filed a complaint against me in cm window stating that i am a government employee and also work in that private college. That student also having my voice recording related to more fees demanding. Now the cm window ordered the police to take my voice samples and signature samples. So plz tell me remedy to escape from this problem.

Advocate Sandeep Mishra answered
Dear friend, For better suggestion you should show the all documents and complaint made by the students against you. If your employer/rule book do not allow you to do such type of work then me you may have some travel and at present situation you need to contact a lawyer and prepare your defence/reply as answer of the complaint.

Q: How to save myself from conviction in false 498A case

My wife had filled a false FIR against all member of family. Except me ABP OF all have granted in lower court. My ABP has rejected in session court,high court.then I have filled SLP in supreme court. SC has given direction to session court to check the merit and grant or reject a bail as direction on 27 th July 17 judgement of SC.when I consulted to layer & consultant.they are saying that lower court reject your regular bail and take cùstody.thats reason I have not been appearing in lower court. While no any alligation upon me in Fir.at first i have filled a divorce on cruelty base.after 3 month she filled fir & a maintenance case.please suggest what should I do to save from custody in false 498A and resolve this issues. 

Advocate Sandeep Mishra answered
Dear friend at present you need to contest the FIR under section 498A. If there is no specific allegations against you in FIR then you need to worry and at present the number of judgment of Hon'ble supreme Court in favor of Husband you could take benefit of them. If all allegations are general then you will take bail very soon. For further suggestion you need to show me the all documents.

Q: Property partition matter in court can anyone construct over it

Hi, my question is, if a property is in hearing for partition in court, Does any of the co-owner has the right to construct/destruct in order to occupy the vacant rooms owned by one of the co-owner to rent it to other people.

Advocate Sandeep Mishra answered
Dear Friend, With the prior permission of the concerned court the competent party could construct/destruct the property. For further suggestion you need to brief the complete detail with the documents of the case.

Q: My cheque got bounced, remedy for the same

I join a BPO company and leave when they didn't give my first month salary, they continue call me and say that i have to pay them 2 month salary because i leave job, they mentally pressure me and i give them a check which bounce. they fine a case against me because my check is bounce. what is the remedy for me. These type of company exploiting youth like me a lot

Advocate Sandeep Mishra answered
Hello, firstly you need to show the complete document relate to your appointment like call letter and other instructions related to job stricture. What was the reasons, why you given the check to your employee and what is the status of the case. you need show the complete documents/information after that we will take effective action against these type of company.