Advoacte Atul Singh

Questions Answered by Advoacte Atul Singh

Q: Threatened by husband and his relatives

I have filled few cases against my husband but he has been threatening along with brother and relatives. Told me I should take back all the cases against him. But he doesn’t come for divorce case hearing purposely. As he proved that he doesn’t bothered about anybody. Today I filled a complaint against him in the police station against his brother in about threatening. I don’t know whether police will take any action against this complaint or not ? I am scared so much. I am a patient as well. I don’t have anybody who can bear my expenses. I need alimony and divorce from him as it was abusive relationship. Nowadays he frequently move around near to my house. Basically he stocking me. He is openly says that he will not give me single penny. He is not scared of court as well. How would I come out from this mess, as it is spilling my personal life. I need treatment and for that I need money as earlier my dad used to bear my expenses but I lost him four months ago. What should I do ?

Advoacte Atul Singh answered
Hi, please file an appropriate application under DV Act seeking restraining orders against your husband. Also, in case he is not participating in the divorce proceedings, you can pray that he be proceeded ex-parte due to his repeated absence. For your expenses, you can file an application for maintenance from your husband

Q: Sir 3 years back on normal dispute neighbour filed a case against me and my whole family. After inve

Sir 3 years back on normal dispute neighbour filed a case against me and my whole family. After investigation police remove my name and many family members name from chargesheet. my father's name still in chargesheet because neighbour have some connections from influencial people. But till now police not submitted chargesheet in court because complainant not interested. My simple question is that : in govt exam form they ask whether any case pending against you or not ? Then what should I write: "No" / "Yes". ( Police remove my name but chargesheet not submitted yet )

Advoacte Atul Singh answered
Hi unless your name reflects in the FIR or in the the charge sheet you are not required to furnish these details while filling up the mentioned examination forms. The Accused can be added or deleted during the course of investigation.

Q: Grant of default bail by a magistrate queries.

If a accused have already released on default bail by a magistrate on the basic of No record found of submit of chargesheet from police station. After someday chargesheet have registered in court and now showing that chargesheet have already filled in 90 days so now, can magistrate cancel the bail provided to the accused?

Advoacte Atul Singh answered
No, the complainant or the state will have to file for cancellation. Unless there is a default by accused with regards to the conditions of bail or the bail is taken by playing fraud on the court, the bail is unlikely to be cancelled even if the prosecution files for cancellation

Q: Delhi Rent Control Act 1958, Section 25-B (8)

As the representative for the respondents, what should be the appropriate proceeding for me to conduct in the response to application / Rent Revision Petition u/s 25-B (8) of DRC Act, filed in Delhi High court. Whether it should be a Counter-Affidavit or written statement or merely a reply to the aforesaid application/petition? I request you all respected members of the legal fraternity to provide me with the appropriate guidance to lead this ahead in most effective way, I will be highly obliged to you for your guidance.

Advoacte Atul Singh answered
Your question is not clear whether you are the respondent or his counsel. For general understanding, if its a petition one files a counter, if its a suit one files a written statement and if it is an application, one files a reply. Since your question is not clear, a specific reply cannot be given at this stage

Q: Can Giving Loan amount to Bribery ?

Would giving personal loan to a Public Officer amount to Criminal Charges or bribery ?He cannot do any favour to the contract in his independent capacity with regard to the contract or work order from the the Public officers company to mine.

Advoacte Atul Singh answered
Ideally it should be avoided, because if he is in a position of authority where he can favour your company, even if the amount is not a bribe but a loan instead, it will be difficult to prove the same in court. In case the loan is given through proper documentation, then you might save yourself from criminal action, however, even in that case it can be said that whatever he has done within his scope of duty benefiting your company, was to return favours to you. Good luck