Advocate Sushmita Mishra

Questions Answered by Advocate Sushmita Mishra

Q: Regarding Settlement through Lok Adalat

There are two cases pending against me, Maintenance case and an FIR which include 498A and 3 other sections.We're reaching through settlements and want to settle the matter through Lok Adalat.1. If we chose this path, would all this matter be closed in a single day?2. If closed, would her testimony would be require in any court?3. And would we need to go to the High Court for further quashing?4. If High Court step is needed, would her presence be necessary or only an Affidavit will work?

Advocate Sushmita Mishra answered
lok Adalat k madhyam se parties sare matter through compermise khtm karane ka dicision le sakte hai ek affidavit compermise ka bnwakr ,aur uske baad aapko apna case 498a ko high court se quash karana hoga jisme aapke case me compermise verification k liye dusre party ki bhi jarurt padegi uske baad phir se hc jana hoga verification order k sath usme agr dusri patry nhi rahti h tb bhi case quash ho jata hai ,aur maintance case withdrawal krana hoga ladki se

Q: I want to file divorce before it's too late

I have already asked my husband to divorce me.neither he is willing to divorce me nor he is staying with me .I am mentally and physically and mentally tortured by him and my in laws.he wants me to leave his house and go to my parents .he will no help me financially.and want to impose false claims on me if I go home.

Advocate Sushmita Mishra answered
aap chahe to divorce case file kar sakti hai,aur phle divorce nhi file Krna chahti hai to aap maintance, aur in-laws k liye dv act case kr sakti hai ,aur police case bhi kr skti hai, in sare cases k baad vo ya to sahi behave karenge ya phir khud hi divorce petition file kr skte h jisse aap apne condition par divorce lekr alg ho sakti h,

Q: File mutual divorce and widraw all cases and settlement

In mediation I decide to give money to get out of this. Now mediator said half amount DD to be submitted by my me after that she will widraw all cases and file mutual divorce and then rest half at the time of divorce. What things/ clauses to be remember by me at the time of divorce so she can not claim anything in future or no new case will be file against me and my family and how when I give the complete money to her.

Advocate Sushmita Mishra answered
mediator ki baat bhi sahi hai,but aap chahe to sara amonut ek sath dd banwake court ke naam se divorce case filing time pr court me submit kr skte hai ,aur condition mention kr skte h second motion pr after divorce judgement k baad court se amount recive kre,

Q: Mediation/ counselling is mandatory step or not in contested divorce i

In contested divorce, mediation or counselling is mandatory first step before start of litigation? My husband has filed contested divorce against me in Lucknow family court.

Advocate Sushmita Mishra answered
matrimonial disputes me mediation karaya jana jaruri hota hai ,koi bhi party jab chahe tab apni file ko kisi bhi step par mediation ke liye bhijwa sakti hai ,aur jariye mediation apna matter solve kra skte hai,

Q: Child legal custody of kid after exparte divorce

I have been granted exparte divorce in july 2024. I have a kid who us living with me after separation and its been 5 years his father has never visited us. All his responsibility is taken care by me and i have also not claimed for any child maintenance. My divorce order has no mention of child custody. I want to know that do I need to file for a legal custody of child as i am planning to settle abroad in future will it create any issues without taking a legal custody of child?

Advocate Sushmita Mishra answered
child aapke pass hai present time me ,aur abhi tk koi claim udhrse aapke husband k tarfe nhi aaya hai ,to aap apne tarfse child coustdy ka case karke apne liye musibat Mt lijiye,,aapke husband custody case krte h agr to usko contest krke final custody le sakti hai, aur coustdy case pr knowledge k liye contact kar skti h aap hme ,