Advocate Anuj Garg

Questions Answered by Advocate Anuj Garg

Q: The procedure of bail in defamation case

I want to submit a bank guarantee for bail in the defamation case. In whose name the bank guarantee should be made? Either the surer or the judge?

Advocate Anuj Garg answered
HelloBank Guarantee would be either in the name of court or as the court directs.It will not be in the name of judge.Better would to seek directions from the court itself.You can also deposit money in cash instead of bank guarantee if court permits.Thanks.

Q: Whether to file RCR or section 9 of HMA if wife has abandoned

Is it safe to file rcr or section 9 of HMA as my wife had deserted me and takens my children with her from last 4 months

Advocate Anuj Garg answered
HelloRCR under section 9 HMA is for restitution of conjugal rights.If you will succeed in your case then court can direct your wife to join you.But it will take at least one year for the disposal of the case. You have to show the grounds in your case to succeed.Thanks

Q: Procedure to file divorce on grounds of cruelty

I, the husband, have self acquired property before marriage and also the ancestral one. in case of divorce, what will happen. Presently, we are living in ancestral property. Can we legally take some other property on rent and move out of the ancestral property. Is it possible to file the divorce from the husband's side on the grounds of cruelty to my mother and myself. how to proceed.

Advocate Anuj Garg answered
Yes you can file divorce on the grounds as mentioned by you. Try to get properties in your name transferred to some other family member and then you may shift to rental accommodation. File divorce as early as possible because it will take few years.

Q: Responsibility for theft of electricity committed in government office

Who will be responsible or nominated if theft of electricity is committed in Government office?

Advocate Anuj Garg answered
In present case, the officer who was being designated as the incharge of administrative work along with junior staff members will be responsible for theft.For this enquiry must be conducted and then appropriate be taken.

Q: how long it would take to bail a person under 420 & 120

hi everyone.... nd my relative is in jail for three yrs. under section 420&120 by the order of session court rewari dated 11/05/18. i want to challenge this in high court chandigarh so can anyone tell me how much time it would take to bail him nd what would be the actual proceeding of court,nd plz also let me know whether court is gonna listen us in June vacations or not

Advocate Anuj Garg answered
Hi..yes you must challenge the order by sessions court in High court. For this I need to first read the said order. You can get the relief from the highcourt in the form of suspension of sentence. This can be done during June vacations also. But i would suggest you to file the petition in May itself. Still we have 2 weeks. You may go through section 389 CrPC for further clarity regarding suspension of sentence. Hope it will help you. Take care. You may revert back with more details from said order.