Advocate Gurmeet Singh

Questions Answered by Advocate Gurmeet Singh (25+ answers)

Q: Husband cheating on her wife what is the punishment

What punishment is given to husband if he is cheating on his wife , as he is having 2 sons in this case can his legal degree can also be cancelled

Advocate Gurmeet Singh answered
1. Adultery (Section 497 IPC) – DecriminalizedAdultery was earlier punishable under Section 497 of the IPC, but the Supreme Court in Joseph Shine v. Union of India (2018) decriminalized adultery.Currently, it is no longer a criminal offense, so no imprisonment or direct punishment can be given to a husband for cheating.2. Grounds for DivorceIf a husband cheats on his wife, it can be a ground for divorce under:Hindu Marriage Act, 1955 – Section 13(1) (Adultery and Cruelty)Special Marriage Act, 1954Indian Divorce Act, 1869 (for Christians)The wife can file for divorce on the grounds of adultery and seek:Alimony/Maintenance under Section 125 CrPCCustody of children under the Guardians and Wards Act, 18903. Degree Cancellation (Education Degree)A husband’s educational degree cannot be canceled due to cheating on his wife.Degrees are academic achievements and unrelated to personal behavior.4. Child Custody and MaintenanceThe wife can seek custody and child support.The husband is obligated to provide financial support for his children under Section 125 CrPC and other personal laws.adv gurmeet singh

Q: Husband cheating on her wife what is the punishment

What punishment is given to husband if he is cheating on his wife , as he is having 2 sons in this case can his legal degree can also be cancelled

Advocate Gurmeet Singh answered
In India, adultery was previously a criminal offense under Section 497 of the Indian Penal Code (IPC). However, in the landmark case Joseph Shine v. Union of India (2018), the Supreme Court of India decriminalized adultery, declaring Section 497 unconstitutional. Therefore, as of now, adultery is no longer a criminal offense, and a husband cheating on his wife cannot be punished under criminal law.However, adultery can still be a ground for divorce under civil laws. Under the Hindu Marriage Act, 1955, Section 13(1)(i) allows a wife to seek divorce if the husband has committed adultery. Similarly, under other personal laws like the Special Marriage Act and the Indian Divorce Act, adultery is a valid ground for divorce.While no criminal punishment exists, the aggrieved wife can seek civil remedies, including:1. Divorce: Filing for dissolution of marriage.2. Alimony/Maintenance: Seeking financial support under Section 125 CrPC or personal laws.3. Child Custody: Claiming custody of children based on the child's welfare.Thus, while adultery does not attract criminal punishment, it can have significant legal consequences in matrimonial disputes, including divorce and financial liabilities.

Q: Is filing 156 (3) good if police is not taking action? What is the fee

I filed a case of restitution of conjugal rights and maintenance for me and my child. Later on advice of lawyer , I filed DV 498 against him and his family.The lawyer also sent complaint copy to Gurgaon police for taking against his parents. His parents did not come on being called. The police has closed my complaints and is saying it might have got closed by mistake and is not asking me to file the complaint again.My lawyer is asking to file 156(3) so that police will take action.

Advocate Gurmeet Singh answered
yes it's a good decision if police is not cooperating, you have to go to court for 156(3) for that you show your complaint you gave to police and your genuine evidences and proofsthanksadv gurmeet singh

Q: Seller asking for full payment before sale deed and registration

I am planning to buy a resale property in Bangalore. The seller has home loan pending and is asking me to pay full amount to him to clear his dues before sale deed and registration. Please clarify if this is correct and safe?

Advocate Gurmeet Singh answered
f the amount is below two lakh, then you can pay it cash before the Registrar and if it is more than two lakh then you can pay it in the form of a pay order or a bank draft. This amount is to be mentioned in the Agreement of Sale.

Q: 65 b form for electronic evidence

Pub prosecutor did not advise that 65 b for electronic evidence be given now case at defence evidence can it be given now

Advocate Gurmeet Singh answered
The Supreme Court reiterated that a certificate under Section 65B of the Indian Evidence Act to prove electronic evidence can be produced at any stage of the trial.A bench comprising Justices Vikram Nath and Rajesh Bindal set aside a judgment of the Karnataka High Court which refused to allow the prosecution to produce Section 65B Certificate in the trial relating to the 2008 Bangalore