Advocate Gurmohan Singh Bedi

Questions Answered by Advocate Gurmohan Singh Bedi

Q: False 498a case against sister (USA CITIZEN)

my brother had got divorce and all family is in a false 498a case ..my mom and brother(PO) dont have to come to india but im stuck here as im a USA citizen and i was declared PO too and arrested in delhi airport and my passport was taken and now im on bail. i dont have any allegation against me on chalan ..just the name in FIR . im having quashing case in Chandigarh high court but there is no justice (been one year) and im stuck in india. im married now and have job my studies my life all in USA. help me what can a US citizen sister can do in this false 498a dowry case

Advocate Gurmohan Singh Bedi answered
Since you have already filed a quashing Petition which is still pending, you can now seek permission to travel abroad during the pendency of this Petiotion by filing an application in the quashiong petition.

Q: Received PO order no action taken by police

I have receive po order from court but police not taking action pls suggest what is the next course of action.

Advocate Gurmohan Singh Bedi answered
If you are the complainant and the court has issued a PO order against the accused, you now dont have to do anything and the case has to proceed against the other accused, if any. If you are the accused and have received a PO order from the court declaring you a proclaimed offender, you have to get the order set aside on technical grounds only and then approach the court for anticipatory bail. If rejected, you have to surrender and then seek regular bail

Q: I am in abroad wife filed case in India do I have to go for the case

<p>Hi, I am a resident of Canada with Indian Passport. My wife came to Canada on the basis of sponsorship I provided her. Then she filed police complaints (498a related) against me and my family in India. If police registers FIR against me, would I have to go to India to fight for court cases or my lawyer can handle the case if given POA and I provide my witness by video conferencing. Please advise.</p>

Advocate Gurmohan Singh Bedi answered
If police registers a FIR against you and you do not join investgation on their asking, you will have to seek anticipatory bail from the courts to avoid arrest. You'll be required in person if you have to join investigation and if other criminal complaints are filed, unless you get an exemption from court. POA can work only after that. Video conferencing as witness is, if at all, at a later stage when the trial commences.

Q: Compromise deed signed husband did not take me along after that

<p>I filed the case against my husband under sec 498a 406.Compromise deed was signed that we would be living together and deed had no other condition in it.Basis this quashing petetion was filed in high court jointly.High court directed to record the statement with ilaqa magistrate. Same day one property where i am living presently was transferred in my name as i had doubt that he may ditch me again though not mentioned in the compromise deed.Statement was recorded jointly and directed to high court.As usual he ditched me again and did not take me alongwith him.I have 4 year old son.vt shud i do?</p>

Advocate Gurmohan Singh Bedi answered
Approach the high court again with the changed factual situation and get the compromise annulled on the grounds mentioned by you and then pursue the case again. However only the conditions mentioned in the deed can be agitated again, nothing beyond that.

Q: School deducted job security on resigning the job

<p>My mother was working as a Principal in a school, she found a better opportunity so she resigned from the previous administration but now they have refused to refund her job security worth Rs.70000 which they deducted during her first month as the principal there. What options does she have?</p>

Advocate Gurmohan Singh Bedi answered
Kindly specify what kind of a school it is ? Private or public ? And also the terms of employment or the relevant rules. You could either file a civil suit for recovery of the amount due or proceed as per the terms of your employment.