Advocate Vimlesh Prasad Mishra

Questions Answered by Advocate Vimlesh Prasad Mishra

Q: I live I aligarh and my husband In gonda where we got married

I live I aligarh and my husband In gonda where we got married. he and his family wants dowry. as we cant afford. he filed a divorce case against me and i want to file dowry case against him. do I need a any witness for this case? if yes then outsider or family member? can I make my brother or sister a witness? I m Hindu

Advocate Vimlesh Prasad Mishra answered
you need your family as a witness to file FIR against your husband and his family under Section 498 a 3 and 4 of Domestic Violence Act and dowry prohibition act in the police station of yours parental place police station. you may also file writ petition in the High Court to transfer the divorce case which is filed by your husband in Gonda to transfer it to Agra

Q: How to file case if I m under adultery

I m married from last 17 years my husband use to harass me mentally and physically. He don't trust me. From last 6 months I am living seperataly and have filed divorce case but I now I have chatted with 2/3 different guys n that too related to sex but I have not done with anyone but my husband has got proves from my phone of those chats and pics and has started blackmailing me. What she'd I do and how she's I proceed further and don't want to live with him. Please help me and give advice

Advocate Vimlesh Prasad Mishra answered
simply by chat record it cannot be proved in the court that you are in adultery as you have already filed a case of divorce you can easily say that you are exploring the possibility of getting new relationship till the time of divorce apply for the maintenance 125 CRPC

Q: How to cancel criminal passport

Dear sir I am sandeep gupta from agra. I was filled a criminal case against a guy from delhi. He is doing money fraud with alot of persons in india. He is having passport and frquent flyer to abroad and he is having own house in poland. We all are worried if he escape in poland than how we find again. So please suggest me how we cancel his passport. Thanx sir Sandeep Gupta Agra 9997455666

Advocate Vimlesh Prasad Mishra answered
you need to file FIR with the police and by the order of the Court his passport maybe in pound court should put some condition for himself to travel abroad by providing some surity. at the individual level you cannot do anything to prevent him to fly abroad

Q: BUILDER issue of non deliverable as per registry

builder has not allotted parking from past 3 years not to anyone in society with 200 flats. lift is not working since 2 months, maintenance charges collected through prepaid meter. what can we do as buyers, most buyers not interested in legal route and favours talking to builder offcourse it doesn't get us anywhere because he keeps coming up with no solution advices, probably he sold more parking than available space. can few people launch a case against him, how much would it cost, who will bear the expenses for this, we have lift & parking written in registry. please suggest

Advocate Vimlesh Prasad Mishra answered
as most of the buyers are not interested for the legal solution to this problem which lies in legal Framework only.you are need to file a case in the national consumer commission in this regard as collectively the value of the property is more than one crore but individually you can file your case in the state consumer dispute redressal Commission to address the shortage in service by the Builder

Q: Location to send legal notice

The Property is situated in Noida, however the legal agreement for allotment was signed in Delhi address of the Builder. It is their registered office in Delhi.

Advocate Vimlesh Prasad Mishra answered
Hi,The notice of the consumer court for the property situated in NOIDA should be sent to the builders Registered office/Corporate office at the Delhi Address.Section 11 of the consumer protection act 1986 defines the Jurisdiction of the District Forum is up to 20 lacs in value may be filed in Noida as the business or cause of action is in the noida. In case the value is more than >20 lacs to 1 Crore then the state commission in Lucknow should be approached.