Advocate Amit Singh

Questions Answered by Advocate Amit Singh

Q: In laws threatening for false DV case what can i do now

Sir myself govt. Service employee i married in feb 17 due to extra marrital affair of my wife i put divorce petition in district family court. Now my in law threat me for false dowry case now wht action should i take to save myself n family?

Advocate Amit Singh answered
Before lodging Fir both the parties are called for and try to solve out the dispute if such process failed thereafter Fir will be lodged.If Fir is false than you can file petition for quashing of Fir before High court.

Q: Father bought property in my sister's name, sister died, who can sell?

We r jain. My father bought a plot in the name of my unmarried sister in 1979. After three months she got married and after 10 yrs she commited suicide and had two married daughters and one son all r above 28 of age rightnow and their father is also live i. E. My jijaji.and my father is also no more due to heartattack. We r 7 brothers and sisters and mother is also live including the eldest deceased sister. Now who is the actual owner of this property according to law as both the sister and her father is no more. Who has the power to sell .

Advocate Amit Singh answered
Your sister is the sole owner of the property.after her death her property devolve to her successor ie her children's and husband.your family has no right in that property until and unless she made will,gift etc in this regard.

Q: How to get divorce due to mental harassment by spouse?

Sir mera naam YOGESH KUMAR or meri patni ka POOJA h. Hamari shadi 1st may 2013 ko hui thi. (Mai or mera chhota bhai vo or uski chhoti bahan dono ki ek saath shadi hui thi). Vo mere saath galat pe galat karti chali aa rahi h or mene har bar uski galti maaf karta aa rha hu. Lekin ab sab kuchh meri bardast se bahar ho gaya h. Uske gair mardon ke saath bhi sambandh hain. Mene usko dusre se baat karte huye bhi pakda h. Lekin mene har baar usko maaf kar diya ki sudhar jayegi. Mera sharir jal jalkar haddiyon ka dhacha rah gaya h. Ab jeene ki takat bhi nahi bachi h. Vo mujhe poolice case karne ki dhamki bhi deti h. Mere bhai ki bibi bhi ek saal pahle apne ghar bhag gayi mere ghar se nahi mathura se. Uska jila mathura hai. Ghar jaakar usne mere maa baap or bhai par marpit or gahne chhinane ka jhuta iljaam laga diya. Jo hamne foran uske ghar jaakar uske gaon valon ke saamne jhuta saabit kar diya. Hamari aarthik stithi thik nahi h. Ham dono ko talak lene me kitna kharcha aa jayega. Or ektarfa

Advocate Amit Singh answered
In the given facts and circumstances file divorce petition.However mere talking to some male person does not mean that your wife has illicit relation with others if you have concrete proof in this regard than only take such plea.you can't take Ex-party divorce as a right.

Q: False declaration of number of children to get elected as panch

I am told about a panch who did submit false affidavit about number of children he had after 1995 to got elected as a panch. He is enjoying now his panchship for almost two years. Please discuss the case and let me know who can i approach to get him punished. can he be jailed? if yes who other than him can be held guilty for not verifying his declaration before accepting his nomination form during the election?

Advocate Amit Singh answered
File a First information report against him for giving such false declaration.Apart from it make a written complaint before collector and concerened divisional commissioner mentioning the entire thing alongwith relevent record.

Q: Divorce by mutual consent in the case of schedule tribes.

Sir I belong to schedule tribles (Hindu). So hindu marriage act not applicaple on us. We are living sepretely since last one year. we are agree on ground of mutual consent divorce as per our customs and tribal rule.How can i get legally safeguard of every angle? can she claims for maintenance in future? can i use sec 13 of hindu marriage act. please suggest me best/legal way Thanks

Advocate Amit Singh answered
You can not file divorce under section 13 of Hindu marriage act.for safe guard each and every aspect file a civil for declaration for separation and settle all the terms and conditions mutually in that suit.