Advocate Sushmita Mishra

Questions Answered by Advocate Sushmita Mishra

Q: Want to know according to Hindu Marriage Act

I want to marry my maternal grandmother's brother's daughter, is it illegal in hindu Marriage act?

Advocate Sushmita Mishra answered
according to Hindu marriage mother side se teen peedhiyon tk me shadi nhi ho sakti hai ,aur father k side se five peedhi tk shadi nhi ho sakti hai ,aapke nani ke bhai ki daughter hai to marriage ho sakti hai

Q: Request for Legal Consultation Under DV Act And 498A

A false and malicious case under the Protection of Women from Domestic Violence Act, 2005 and Section 498A of the Indian Penal Code has been instituted by my younger brother and his wife against me and my family members. In the said matter, I, along with my wife, my mother, my sister, and my brother-in-law, have been wrongfully arrayed as accused. The case is presently at the trial stage, and I seek independent legal consultation as I am dissatisfied with the current status and progress of the trial.

Advocate Sushmita Mishra answered
aap high court se apna naam hatane ke liye चार्जशीट quashing me ja skte hai agar f.I.r huyi h 498 a wale case me ,aur agr complain case hai to summoning order ka revision kra skte hai session se ya phir direct high court me summoning orde chalenge kar sakte hai apne proof lagaate huye aur dv me better trial karaye apne sare proof lagate huye jawab lagaye aur agr consider nhi kr rhe h court me to order ka revision kra skte h session me

Q: Quashing and mediation process

I applied for quashing, high court send for mediation, before meditation I have to pay some money to wife. Now 1. what will happen there ? (I will not pay any single penny to her, how I put my points by keeping my image clear there)2.Should I take printout of all proofs for that or I will show them in my mobile if required ( are the proofs will submited there ?)3. I think mediation will fail 99 % what will happen next after that ? How court decide that case will be continued or quashed ?

Advocate Sushmita Mishra answered
phle mediation kra lijiye uske baad agr matrimonial dispute compromise se settlement ho jaye to better h agr settlement nhi hota hai to aapne jo bhi evidence lagakar apna case high court me file kiya hai us par bahas karke case quash karane ka prayas kar skte hai ,

Q: Me and my husband signed mutual divorce agreement we share a flat 50/5

Me and my husband signed mutual divorce agreement we share a flat 50/50 and he has not been paying the loan.Now he stated in agreement " he will relinquish his share in favour of wife for the future of children" and " this agreement won't affect the right of minor in any case" .The loan is pending amount 22.5 lacs,please tell me would I wil be the sole owner and later on can I sell this property as I will fix some amount as FD for the children and will buy a 2bhk selling this 3bhk near my parent

Advocate Sushmita Mishra answered
mutual divorce file se phle aapko apne sare condition apne husband k samne rakhna chahiye tha ,aur jb agree hote tb aapko file Krna tha aur phir sare condition fullfill Krne k baad hi divorce final hota ,but abhi bhi aapke pass time h before second motion aap agr koi payment aur jwellery wagrah recive nhi kiya h aapne husband se,to mna kr sakti h sing krne se ,aur divorce dene se

Q: Family session court se ordersheet kaise nikali jaati hain

Family session court se ordersheet kaise nikali jaati hain.aap nikaal denge.

Advocate Sushmita Mishra answered
ji jis district ki family court ka matter hai aur aur jis case ki file h vo case details party name ,case no ,aur kaun si order sheet chahiye,ya all ordersheet chahiye clear bataiye kis side se aap hai nikal jayegi ordersheet