Advocate Avinash Kumar Singh

Questions Answered by Advocate Avinash Kumar Singh

Q: My Daughter: False Disownment & Stridhan Recovery

We are Hindus. Our only daughter married two years ago through a matrimonial app and has faced repeated domestic violence since then. Her husband and in-laws have never handed over her wedding photos/videos and have withheld her jewellery, wedding gifts, and household items (Stridhan). They are now falsely disowning their son to create a ground to evict her from her matrimonial home. How can she prevent this and recover her Stridhan?

Advocate Avinash Kumar Singh answered
Your daughter has legal remedies under Indian law. She can file an application under the Protection of Women from Domestic Violence Act, 2005 seeking a Residence Order, Protection Order, Return of Stridhan, monetary relief and compensation. Her husband and in-laws cannot illegally dispossess her from her shared household merely by issuing a public disowning notice or claiming they have disowned their son. Such a declaration does not extinguish her legal rights.Withholding her jewellery and other Stridhan is unlawful. She may seek recovery of all Stridhan through appropriate proceedings and, depending on the facts, also initiate criminal action for criminal breach of trust and cruelty. Preserve all evidence, including medical records, photographs, chats, bank records, witness details, and prepare a detailed list of the withheld articles. If there is an immediate threat of eviction or further violence, she should approach the Magistrate for urgent interim protection and residence orders without delay. Proper legal strategy will depend on the ownership of the house and the specific facts of the case.

Q: Writ petition A in high court for compliance

My service matter writA for compliance of notional seniority given by CAT,is pending in high court.High court has given interim order for compliance of my CAT judgment in 1 month.My case is also in supreme court expedite category and listing regularly in high court.my question is that,although my case is listing every week but due to computerized system it is listed but not taken up by court.Court is not accepting mention/priority hearing .I am going to retire in 11 months.what to do?

Advocate Avinash Kumar Singh answered
Since the High Court has already passed an interim order directing compliance of the CAT judgment within one month, the respondents are bound to comply unless the operation of the CAT order has been stayed by a superior court. If the interim order is not complied with, you may move an application for implementation/compliance and, if necessary, initiate contempt proceedings against the defaulting authorities.As your matter is not being taken up despite repeated listings and you are due to retire in 11 months, your counsel may file an urgent hearing/early disposal application specifically highlighting the impending retirement and the irreparable prejudice that would be caused by further delay. If mentioning is not being entertained, the urgency application may be placed on record with all supporting documents, including the High Court’s interim order and details of your retirement.If any connected matter is pending before the Supreme Court, ensure that no stay operates against the High Court proceedings. Your advocate should also bring this fact to the notice of the High Court and seek time-bound disposal considering the service nature of the dispute. Timely legal steps at this stage are essential to protect your service and consequential retiral benefits.

Q: To check weather a man can file for divorce first

I got married on 23 Nov 2025. And me and my wife are not getting along. And I believe in my mind that my wife is waiting for a year to complete to file for divorce so that she can put fake charges against me such as alimony, dowry and all. Can I as a man file for divorce before the year completes. What will be the repocursions if I file for divorce first. I want a mutual divorce. I don't want to pay any alimony as we haven't took anything from her and she mostly lives in her mom's home.

Advocate Avinash Kumar Singh answered
As per Section 10 of the Hindu Marriage Act, 1955, a divorce petition is ordinarily not maintainable before completion of one year from the date of marriage. However, in exceptional circumstances involving exceptional hardship to the petitioner or exceptional depravity by the respondent, the Court may grant leave to file before one year under Section 14 of the Act.Merely apprehending that your wife may file false dowry or maintenance cases in future is not, by itself, a legal ground for early divorce. If both of you genuinely agree to separate, you may negotiate a Mutual Consent Divorce after fulfilling the statutory requirements. Filing first does not automatically protect you from any future criminal or maintenance proceedings, nor does it create any adverse presumption against you.As regards alimony, it is not automatic. Maintenance or permanent alimony depends on several factors such as the income, financial status, conduct of the parties, and other facts of the case. If your wife is earning and financially independent, or if both parties voluntarily agree to waive maintenance in a mutual settlement, the Court may consider the same.

Q: Aadhar DOB limit cross problem. 10th and birthday certificate is same.

My Aadhaar DOB update limit is crossed. However, my correct DOB is identical in my 10th marksheet and birth certificate. Will my DOB genuinely get updated in Aadhaar based on my 10th marksheet? If yes, what is the exact process and how much time will it take to update? Can you please guide or help me speed up this correction process? Kindly provide the step-by-step resolution. Thank you.

Advocate Avinash Kumar Singh answered
If the Date of Birth update limit in your Aadhaar has been exhausted, a normal online correction may not be possible. However, if your correct DOB is consistently reflected in your Birth Certificate and Class 10 Marksheet, you can still seek correction by approaching the UIDAI Regional Office or filing a detailed representation with supporting documents. If your request is rejected despite genuine proof, you may challenge the decision by filing a writ petition before the jurisdictional High Court seeking appropriate directions to UIDAI for consideration of your case. Keep your Aadhaar, Birth Certificate, Class 10 Marksheet, rejection letter (if any) and update request details ready. If your documents are genuine and consistent, there is a fair chance of obtaining relief through the appropriate legal process

Q: Deduction of money from Full and final payment

I served my notice period of 60 days, and took few days of leave, my organisation deducted the money for the leaves taken, also they deducted a huge amount in the name of "Notice period recovery". My notice period was till 1st Jun, but they paid the salary till 30th may.

Advocate Avinash Kumar Singh answered
From the facts stated by you, if you have duly completed the entire 60-day notice period, the employer cannot arbitrarily recover notice pay unless such recovery is specifically permitted under your employment contract or you actually failed to serve the required notice period. Deduction of salary for leave availed may be valid if the leave was unpaid or exceeded your available leave balance, but “notice period recovery” should be supported by the appointment letter or company policy. Further, if your notice period extended till 1st June, you are ordinarily entitled to salary for the period actually worked, including 1st June, unless there is a valid contractual provision stating otherwise. Request a detailed final settlement (F&F) statement showing the basis of each deduction. If the employer fails to justify the deductions, you may issue a legal notice and, depending on your employment status and applicable labour laws, approach the appropriate Labour Authority or competent court for recovery of your dues. Keep your appointment letter, resignation acceptance, salary slips and F&F statement safely for further action.