Advocate Kawaljit Singh Bhatia

Questions Answered by Advocate Kawaljit Singh Bhatia

Q: How to withdraw divorce petition (URGENT) ?

Hi, Can anyone please advise what is the procedure to withdrawal of divorce petition? Also, do I need to appear before the court to dismiss the case or an application through my advocate would be enough to let the court know? The status of the case is that it is still in initial filing status, and no hearing or processing/trial has happened.

Advocate Kawaljit Singh Bhatia answered
it is a simple procedure. all that needs to be done is that an application for withdrawal of the case needs to be filed in the court where the divorce case is pending. you may be required to appear before the judge for withdrawal of the petition. however if there are special circumstances warranting your absence, the same may be communicated by your lawyer to the judge.

Q: Phone Spying by my estranged husband ,Is it illegal to spy on your spouse in india ?

I am staying separately from my husband since last two years. We have pending litigations of divorce, child custody, domestic violence against each other. However, I suspect he has put my phone on surveillance, is spying on someone illegal ? and can he use those recordings in court against me?

Advocate Kawaljit Singh Bhatia answered
No. Putting anyone's phone on surveillance is not legal. In fact it's a criminal offence. Your husband cannot use anything obtained from such surveillance against you. But yes, he can indirectly use it against you, till the time you have no evidence that your phone is on surveillance.

Q: Sell a joint ownership property in which one owner is deceased

I am a 58 years old housewife with 2 married daughters. My husband died after few years of our marriage and father in law also died many years ago. My mother in law also died during COVID. My mother in law has a daughter who is married and have 2 adult kids.Situation: Home in which I am living is on my name and mother in law name. Now I want to sell the home. Lawyer of person to whom I am selling home is asking for a succession certificate. Is it really needed or release deed should be fine?

Advocate Kawaljit Singh Bhatia answered
Since you and your mother in law jointly owned the property, her Legal Representatives' no objection would be required for selling the property. Or else, if her LRs and you choose to sell it jointly, that too can be done. but succession certificate would be required

Q: Will Ancestral land stay on business activity exist?

So we have 21 acre of land between my father and two uncle's. On 7 acres we have our brick klin and uncles do farming on remaining land . Now they are threatening to take stay on the land on which we have brick kiln , is it possible as we have same khewat khatauni?will our business activity on this land will be permitted and what about the agricultural activities on their land?

Advocate Kawaljit Singh Bhatia answered
To answer that question, you will have to tell first that what is the classification of this land - whether it is agricultural, commercial, urban, etc. But prima facie it appears that your uncles cannot threaten your father to stop his brick klin activites on the land. more information would be required to answer properly.

Q: Can we defend our case without a lawyer? Can a person fight their own case in court, or is it possib

Dear Expert Lawyers, I am curious to know if I can fight my own case in a civil court matter without a lawyer. If so, how should I proceed? Thanks

Advocate Kawaljit Singh Bhatia answered
file an application to appear in person. while you may know your case better than any lawyer, a lawyer practising in a particular court knows what is required to be said in a given set of facts. it comes with practise and a person not acquainted with the practise of the court may be caught off-guard, not by the factual aspect of the case, but by the practise aspect of a particular court. moreover the emotional attachment to a case may shadow the clinical approach that may be required in a court. however it is your choice and like already said, you may appear and represent your matter by filing an application in the court for leave to appear in your matter in person.