Advocate Abhishek Singh
Advocate Abhishek enrolled with the Bar Council of Delhi in 2017. He is a member of the New Delhi Bar Association.
Enrollment Number : D/5141/2017
- Central Administrative Tribunal (CAT) Delhi
- Debt Recovery Appellate Tribunal, Delhi
- Delhi High Court
- National Commission (NCDRC)
- Supreme Court Of India
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Questions Answered by Advocate Abhishek Singh
Q: Procedure to take divorce on grounds of harassment
Hello, I married my girlfriend after 5 years of relationship. Now its been 4 months of our marriage but my wife is misbehaving a lot and tried to suicide in front of us once. She mistreat me and my parents . Now its been one month that she went to her parental house after a querrel between her family and my family. After going there she talk a lot of bullshit about me and my parents and sister on chat. She is not pregenent. I know I can file for divorce after 1 year of marriage. But I want to know if she won’t agree for MCD then how long the contested divorce case would run? How much maintenance I would need to give if I earn around 80K. How much alimony I need to give if I have no property and not much bank balance. Does the bank balance and property of my father matter in this case to decide alimony if I am the only son of my parents (Have one married sister). Please help how can I get rid of her asap if she doesn’t agree for MCD. Thanks
Advocate Abhishek Singh answered
As you have mentioned that your wife misbehaves with you, this would fall under the ambit of Cruelty as per Section 13(1)(ia) of the HMA 1955. Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.”For the maintenance the amount will also depend upon the earning living standards of ur wife. For that we need to get the income from all the sources including moveable and immovable sources and also all the expenditures of yours and ur wife whatever you can predict.
Q: Can a case be filled against a person claiming to be tantric
Sir, How can we file a case against a person who said he is a tantrik and do superstitious black magic etc. Can we file a police compliant against him, will police take any action against him
Advocate Abhishek Singh answered
Black magic is prohibited in most of the states of India, it is a criminl offence and a case can be registered against anyone who claims to be a tantrik. However the severety of punishment would warry from state to state. If a complaint has been filed for any criminal act police has to take action and investigate the same.
Q: How t convert GPA into a sale deed if the owner is dead
Hi, gpa full form in property? we have got GPA which is in my mother's name now, earlier it was by the name of my mom's brother, this GPA was executed in the year 1980, it has been long we never bothered to get it converted into sale deed. Now for selling purposes, we want to do it, however, he is not alive anymore, he has passed away long back and we are unable to find the old chain through any means. Could you suggest the best possible way please?
Advocate Abhishek Singh answered
Hello, GOA is only a authorisation given to someone else to make the sale deed on his behalf, it is not a substitute to sale deed. Only purpose which GPA does is since the owner is not able to perform some works on his own so he is authorising someone else on his behalf like signing sale deed, collecting money from sale proceeds etc. GPA doesnt give the ownership or possession of the priperty so GPA can not be converted to sale deed its a seperate document all together. Now since the person giving GPA has been passed away now the property will be divided differently.
Q: What will be my share in bank accounts and shop
In the will of my brother who died 3 months ago, the will states that 2 sisters are beneficiary & he has made will for his home only & he has given me 10% share in respect of that property & nothing has been mentioned in respect of other assets like Bank Account, other shop etc. We are 2 brothers & 2 sisters. The nominee of Bank account of deceased is my sister. He has allocated 40% to 2sisters, 10% to other brother & 10% to me & remaining to Temple. He has made will for one property only & not for other assets. What will be my share in respect of Bank Accounts etc & for shop. Is there any legal remedy??
Advocate Abhishek Singh answered
Will is operative only on the property which is mentioned under the will. Rest all the property will depend upon yhe respective succession act and share with respect to other properties will be legally determined through succession act. Also only the self acquired property can be transfered though will and not the ancestral property. Thr are lot of legal remedy to get your legal right according to section 8 and 9 of the hindu succession act the property is divided between class I heirs of the person who has died intestate.
Q: What to do i don't want to divorce my wife
I am Hindu .Living in delhi. my wife has left me without any major issue.I got married last year in May, this is love cum arrange marriage. This year on May 10th, she left the home and said she never come just because of my unmarried sister and mom. In between, she has miscarrieged of one and half month pregnancy. when she is at her home, she did not pick my phone and never told about her miscariege. She also using facebook and talk to some other persons and given her mobile to other person. I never tolerate this but I love her I just want that she come back at my home . she doing pressure me for separation from my parents. I am only son of my parent and they are senior citizen. I am living on rent. she is stubborn always talks for separation. what should I do?May i filed a case for restitution of conjugal rights? Is it better for our future life. I love her . I cant leave my parents and my wife. I do not want give divorce to her in any way.
Advocate Abhishek Singh answered
The way you have narrated about ur case, it seems you have a very strong case to win. Hon’ble SC and Various High courts on seperate occasions have said it many times marriage under Hindu marriage act is sacrosanct and it can not be dissolved on false and frivolous grounds. Hon’ble SC and High court has also said that undue pressure from wife on husband amounts to cruelty. I would also like to know about the income status of ur wife and ur income status as well.
Frequently Asked Questions about Advocate Abhishek Singh
Can Advocate Abhishek Singh represent me in court?
Yes, Advocate Abhishek Singh can represent you in court. The lawyer is trained to present your case in the most effective way possible.
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During your initial consultation with Advocate Abhishek Singh, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
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