Advocate Kawaljit Singh Bhatia

Questions Answered by Advocate Kawaljit Singh Bhatia

Q: Sons Responsibility And Rights Towards Parents

What are legal responsiblities and rights of son towards mom n dad. In case, people resyricting him to see or takecare of his parents, or ppl waiting his father to die so that they can gulp his property making fasle bonds etc

Advocate Kawaljit Singh Bhatia answered
A senior citizen parent can evict his or her child from their self acquired property if the child does not take care of the parent or I'll treats the parent. there is a law to this effect and the same can be resorted to by filing a complaint before the police commissioner of district magistrate.

Q: Divorce matrimonial issue money demand fraud using marriage

Wife left matrimonial home by saying going for festival, Later on when I requested to come back she said there is Mangal in kundli (astrology mangal)so not interested to return. So I filed RCR section 9 case then wife forcefully entered into my house with her relative & taken valuable things. So I filed divorce case, Then wife filed IPC 498 case & saying different story in court. Wife play this game for money only basis on this can I file case of IPC 420? Is it possible to file case of IPC 420 f

Advocate Kawaljit Singh Bhatia answered
This action on the part of your wife in fact strengthens your divorce case. also if she is resorting to such activities as mentioned by you in your query, you may initiate police action against her as well by filing a criminal complaint.

Q: Divorce - Hindu couple living separately since last 1 year

Me and my wife (both Hindu) are living separately since last 1 year. She is carrying our 5 year old child. There has been no communication since last 6 months. We both seem to be looking for separation but due to zero communication since last 6 months.. Need legal advice on next steps.. as atleast I know we can’t live together. Wanted to know the implication if I file for divorce rather than talking to her before filing it.

Advocate Kawaljit Singh Bhatia answered
Divorce can be filed on some grounds - like cruelty, desertion, adultery, etc. First of all, it needs to be determined whether any of those grounds are present. Secondly, the question of quantum of maintenance and alimony will come into question since you i.e husband is seeking divorce. So all these and some other factors will be relevant while considering whether or not to file for divorce straightaway.

Q: Can restitution of conjugal rights and DV be filed at the same time?

Can I file DV case for my tenure lived with my husband in shared house and request to live with my husband at the same time? He abandoned me and threatening me to send divorce notice every now and then. I want to live with him.

Advocate Kawaljit Singh Bhatia answered
of course you can do both at the same time. in the dv case you would be asking for residence rights from your husband. and in the restitution of conjugal rights you would be asking for your husband to be directed to stay with you. if your husband is violent or abusive, the dv court will pass preventive orders in that regard. if he still disobeys those directions, the court will punish him.

Q: Property plus senior citizen harrasment

My mother is being harassed by the dealers to sell her property

Advocate Kawaljit Singh Bhatia answered
No one can harass anyone to sell their property. If any such thing is happening, you may file a complaint with the local police for appropriate action. also if your mother is a senior citizen, you may file a complaint before the commissioner of police complaining that a senior citizen is being harassed and appropriate action will be taken.