Advocate Harjeet Singh

Questions Answered by Advocate Harjeet Singh (25+ answers)

Q: Regarding becoming petitioner in COCP

There is case regarding pay commission in Punjab. Some of the employees filed CWP in high court and court gives in favour of those employees. But due to some reasons I am not able to become petitioner in this case. Now those employees filed COCP in high court, I also want to become petitioner in this case what will I do because the benefits are provided to those who filed case in high court

Advocate Harjeet Singh answered
Since you were not a petitioner in the original CWP filed before the High Court, you cannot directly become a party to the ongoing COCP (Contempt of Court Petition). However, you have the legal remedy to file a fresh CWP before the High Court seeking the same reliefs, mentioning that similarly placed employees have already been granted benefits by the court and you are entitled to the same treatment on the principle of parity and equality under Article 14 of the Constitution of India.You will need to file your own petition, clearly referring to the earlier judgment and orders passed in favour of the original petitioners. Once your petition is admitted and allowed, the benefits can be extended to you as well. Immediate legal action is advisable to protect your rights without further delay.

Q: Wife is mentally torturing since 10 years

Can a husband file separation or divorce on the grounds that wife is mentally and physically torturing husband. Are there any laws for husband's to safeguard there job and assets. Can he claim property which is on wife name? Religion Hindu.

Advocate Harjeet Singh answered
Yes, under the Hindu Marriage Act, 1955, a husband can file for judicial separation or divorce on the ground of mental and physical cruelty by the wife. Cruelty—whether mental harassment, emotional abuse, or physical violence—is a legally recognized ground under Section 13(1)(ia) of the Act. In such cases, the husband should maintain evidence like messages, emails, or medical records to support his claims. Regarding protection of job and assets, there is no law that allows seizure of a husband's job or personal property solely due to divorce proceedings. However, the court may assess the husband's financial status if the wife files for maintenance. As for claiming property in the wife's name, the husband cannot claim ownership unless he can prove that the property was purchased by him and held in her name as a benami transaction, which is difficult and subject to strict legal scrutiny. For better legal protection and smooth proceedings, it is advisable to consult an advocate and take proper legal steps with documentation

Q: Legal Notice In Negotiable Instrument Act

Is the day of intimation of dishonour of cheque is included in stipulated time frame for sending the legal notice

Advocate Harjeet Singh answered
As per Section 138 of the Negotiable Instruments Act, 1881, when a cheque is dishonoured, the payee must send a legal notice within 30 days from the date of receipt of information from the bank regarding the dishonour.The day on which the intimation of dishonour is received is not included in the 30-day period. The limitation period starts from the next day after the receipt of bank memo or information about dishonour.For example, if the intimation from the bank is received on 1st April, the 30-day period for issuing the legal notice will start from 2nd April and end on 1st May.It is advisable to keep proper proof of the date of receipt of the dishonour memo or communication from the bank for legal compliance.

Q: How to take Divorce immediately

I want to know that how can i take divorce in short time period after 2 years of separation(Sikh couple). I got married 2 years ago and came aboard on same day and my husband was in india till now. We never talked as a couple , no bonding, no understanding and want to take divorce. But i am in other country,so may i take divorce from where i’m living or i have to go to india ? And what documents we need?are parents necessary while taking divorce or during the process of divorce?

Advocate Harjeet Singh answered
Based on your situation, since you and your husband have been separated for two years and there has been no marital relationship or communication, you may proceed with a mutual consent divorce under Section 13-B of the Hindu Marriage Act (applicable to Sikh couples).You can file for divorce from the country you are currently residing in, but the petition will need to be filed in an Indian family court (preferably where the marriage was registered, or where your husband resides). You may authorize a Power of Attorney holder (such as a relative or a lawyer in India) to represent you, so your physical presence might not be required initially.If your husband also wants a divorce, mutual consent is the fastest route. If not, you can file a contested divorce on grounds like desertion, non-cohabitation, and lack of communication.Parents are not legally required for the divorce process, though they may be involved for support or documentation, especially if either party is abroad.