Advocate Siddhant Mishra

Questions Answered by Advocate Siddhant Mishra

Q: Possible actions to gain legal independence from family

Sir, I have completed engineering n I was working in office, I have bf n he is also working, when I told this to my parents, they make me stay at home, I want to do job n grow in lyf n Marry with my bf, we love each other n his family also accepted me but my family members are saying they will kill us n now they will never allow me to do job,, I want to live my life n make my career, what should I do now?? Pls help . Thanku

Advocate Siddhant Mishra answered
I understand your concern and will guide you to the best of my knowledge. These sorts of issues are not purely legal and can be best resorted between the families itself. Parents ecercise their control over the child if its in good faith but that does not mean wrongful confinement, denial of job. As an adult law supports you in full stance to get married with the person of your choice subjected to certain degrees of limitation which i presume is not with your case. In case of any aggravated steps you can approach your nearest PS and the office of district magistrate.Hope this answers your query.

Q: Wife Left home and is Physically Violent, what action to take?

Hi, I got married before 5 years and don't have a kid. My wife is short tempered and become abusive and violent on very small things. Before one year she asked me to leave my parents and i did. but still the same condition. Her family members also starts abusing if i tell them about her behavior. She starts breaking the things, abuse , hits me and threat me for suicide if her wish was not fulfilled. Last week she did the same and after asking the reason she said i frustrate her. I told her that there is no definition of frustration and for this you can't abuse or hit me . But she left home and staying in PG. Me too left home. Yesterday i came back and saw that she came in between to take her daily need items. What should i do.

Advocate Siddhant Mishra answered
Im sorry to hear that, and will guide you to the best of my knowledge. Well marital issues becomes complicated since it involves more than just 2 partners, befire reaching to any conclusion you should settle as to where you look your future with her. HMA provides you for the restitution of conjugal rights whereby court has a discretion to ask wife to cohabit with her partner if she is avoiding marital obligations without any justification.Hopefully this will help you.

Q: Correct calculation of Interim Order of Maintenance u/s 125 CrPC

i have been ordered to pay 20k pe month interim. Judge ignored her job, her MBA qualification, rcr pending desertion everything. She submitted rti of my salary which showed ctc 9 lakh pa but court ignored that and took my salary 18 lakh pa. And order is from date if application. my inhand salary is 62k in Delhi. please suggest me what should i do.

Advocate Siddhant Mishra answered
I understand your concern. I would suggest you to file an application with regard to change in the circumstances as the law provides the same under hindu marriage act, moreover the wife cannot sit ideal if she is qualified, there are n number of sc case laws whereby court has repeatedly asked the wife to look for jobs and not to unnecessarily harass the husband if the facts shows that she is capable of finding a job.

Q: Can maintenance be claimed for 4 year child after death of husband?

I seek legal advice for a case where a Hindu widow of 29 years want their in- laws to take care of educational expenses of their grandson. My friend's husband has recently died of heart attack.She is raising her child who is 4 years old. Her in laws are working and early good salary. My friend is also working in a private firm and earning only 15,000 per month . Her in laws used to quarrel with her so she has started living separately but not able meet both the ends. Could you please let me know if there is any law in Indian judiciary system to claim for maintenance support from her in-laws for her child.

Advocate Siddhant Mishra answered
Maintenance under Hindu law:Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.Apart from the relationship of husband and wife other relations in which there is economic dependency are also considered to be entitled to maintenance by the Hindu Adoptions and Maintenance Act, 1956. Accordingly a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her diseased husband in the said property. The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.

Q: Father wants to transfer Ancestral Property. Do i have any rights?

sir ,meri dada ,prdada ki property hai..kya mere father bina apne ladko ki margi se property sell kr sakte hai ya kisi dusare person ko transfer kr sakte hai or kis condition me

Advocate Siddhant Mishra answered
As a son you have a right only over the self aquired property of your father not over the ancestral property. With the limited facts posted this is what I'm able to understand you are requested to add some other details so that I can help you in some other possible manner if any.