Advocate Jatinderveer Singh

Questions Answered by Advocate Jatinderveer Singh

Q: Why police file chalan pesh husband

Husband Australia Sydney rehta hai 20 days marriage k bad chala gayaa in-laws vale dowry k damand karne lege husband bi lakin husband ne Australia ja ke no block kr diya Question hai 3 k uper fir hui hai parents k case chal reha but parents ne husband k address ni diya but police ne chalan pesh ni kr rhi why plz

Advocate Jatinderveer Singh answered
You should immediately initiate appropriate legal proceedings to protect your rights and secure effective relief under the applicable laws. A private complaint may be filed before the competent Judicial Magistrate against your husband, parents-in-law, and any other family members who have actively participated in demanding dowry, subjecting you to cruelty, harassment, physical or mental abuse, or misappropriating your dowry articles and stridhan. The complaint should clearly narrate the incidents of harassment, unlawful demands, threats, and any acts of violence supported by available evidence such as messages, recordings, medical records, photographs, or witness statements.In addition to the criminal complaint, you should also initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, seeking appropriate reliefs including protection orders, residence orders, monetary relief, maintenance, compensation for physical and mental agony, return of stridhan, and any other relief deemed just and proper by the Court. These proceedings are intended to provide immediate civil remedies and safeguard your right to live with dignity and security.Further, if there is a genuine apprehension of breach of peace, intimidation, or threats to your life and safety, appropriate proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) may also be initiated before the competent authority to prevent further harassment and ensure your protection.You should also seek appropriate interim relief from the competent Court to restrain your husband and father-in-law from alienating, transferring, selling, mortgaging, or creating any third-party interest in their immovable properties during the pendency of the proceedings. Where permissible under law and based on the facts of the case, appropriate orders may be sought to secure your financial claims by creating a charge over the property to ensure effective enforcement of maintenance, compensation, or any monetary relief that may ultimately be granted by the Court. Such legal measures would help safeguard your rights and prevent the respondents from defeating the execution of any future decree or order.

Q: Contractor Abandoned Work, Took My Property & money , Police inaction

I hired a labour contractor under a written agreement to build my commercial property by Sept 2025. He stopped work, refuses to resume, and claims the work done equals the amount paid. I paid ₹6.75 lakh, but work worth only about ₹5 lakh was done. He also took my shuttering plates and water motor without permission. Police have not acted. Please advise on civil and criminal remedies and what to do if FIR is not registered.

Advocate Jatinderveer Singh answered
As per my advice, you should initiate both criminal and civil proceedings to protect your legal rights and to secure effective relief. Firstly, you should file a petition under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the competent Judicial Magistrate seeking appropriate directions to the police authorities for registration of an FIR against the contractor. The petition should clearly disclose the facts constituting the commission of cognizable offences, including breach of trust, cheating, misappropriation of funds, or any other offence made out from the facts and circumstances of the case. It should also mention that despite approaching the police, no effective action has been taken, thereby necessitating the intervention of the Court for ensuring a fair and lawful investigation.Simultaneously, you should also institute a civil suit for mandatory injunction before the competent Civil Court against the contractor. In the said suit, you should seek a decree directing the contractor to complete and fulfill the remaining construction work strictly in accordance with the terms and conditions of the written construction agreement executed between the parties. The suit should specifically plead that the contractor accepted the contractual obligations, received consideration, and thereafter failed to perform his contractual commitments, causing substantial financial loss, inconvenience, and hardship. Along with the suit, you may also seek consequential reliefs, including permanent injunction restraining the contractor from abandoning the work, recovery of damages or compensation, and any other relief deemed just and proper by the Court. If circumstances so warrant, an application for interim relief may also be filed to safeguard your interests during the pendency of the suit.

Q: Aadhar Card name and DOB restoration to the original one

"My brother's Aadhaar originally contained the correct name (Sourav Singh) and DOB (17/08/2001). Later, both the name and DOB were updated. We now want to restore the original details because they match the birth certificate and all educational records. The Regional Office has indicated that the DOB cannot be updated again. We want to proceed under UIDAI's exceptional handling SOP and would like your advice on the affidavit, supporting documents, and the best way to present the case."

Advocate Jatinderveer Singh answered
As per my advice, you are advised to institute a civil suit for declaration and mandatory injunction against the concerned authorities seeking correction of the relevant official record. The proposed suit should pray for a declaration that the existing entries in the official record are incorrect, erroneous, or contrary to the true facts and that the plaintiff is legally entitled to have the record corrected in accordance with the authentic documents and applicable law. Along with the relief of declaration, a decree for mandatory injunction should also be sought directing the concerned authority or department to make the necessary corrections in its records and issue fresh records reflecting the correct particulars. Before filing the suit, all relevant documents supporting the claim, including identity documents, certificates, revenue records, correspondence, representations made to the authorities, and any orders passed by the competent authority, should be collected and placed on record. If any representation has already been submitted to the authorities and no action has been taken, the same should also be pleaded to demonstrate that the plaintiff exhausted the available administrative remedies. In my considered opinion, filing such a suit is the appropriate and efficacious legal remedy for obtaining the necessary declaration from the competent Civil Court and securing consequential directions for correction of the official records.