Advocate Kulwant Singh

Questions Answered by Advocate Kulwant Singh

Q: My husband drinks all the day and beats us without any reason.

I am from a sikh religion. I want to consult you about the actions I can take upon my husband as he beats me and my adult daughter also. How can I get my alimony? He is a retired army officer. I want his pension to be restricted to my account only.

Advocate Kulwant Singh answered
you have to file a case for maintenance for yourself and your daughter if she is a minor girl. The pension of your husband can be attached to recover the amount of maintenance as awarded by the court.

Q: renters not leaving my house even after i contacted the police

Hello, I'm living in Germany right now but my house in India I gave it for rent. people i gave it to are not leaving and are rude if you ask them to leaave we have been asking them to leave from three months.they do not pay the rent or anything.days ago i went to india to get them out i went to my home to talk to them nicely but they started a fight.we contacted the police and they told the police they will leave on 17 but its today and they told me they got a stay from court but they dont

Advocate Kulwant Singh answered
you have to file a rent petition for ejection of tenants on the ground of non payment of rent and personal necessity. special grounds are available for NRIs in the rent act as applicable in Punjab. if they filed any stay case you have to contest it strongly.

Q: Can willfully deserted wife without any reason eligible for maintenanc

Hi All....If wife willfully deserted her husband without any reason and living separate from husband can eligible for interim and permanent maintenance from husband. How much interim and permanent maintenance husband bound to give to wife can interim and permanent maintenance amount deducted from alimony amount that given to wife at the time of divorce If husband not appear in maintenance hearing what will happen.

Advocate Kulwant Singh answered
desertion can affect the right of maintenance under Section 125 of the Code of Criminal Procedure, 1973. The court may refuse to grant maintenance to a wife who has deserted her husband without any sufficient reason or if they are living separately by mutual consent. However, a wife who has been divorced on the ground of desertion by her husband can still claim maintenance under this section. Desertion is one of the grounds for divorce under Hindu law, as well as a ground for claiming maintenance by the deserted spouse. However, the right to claim maintenance is not absolute and depends on various factors such as the conduct of the parties, the reason for desertion, the financial status of the spouse, etc. According to Section 18 of the Hindu Adoption and Maintenance Act, 1956, a Hindu wife is entitled to be maintained by her husband during her lifetime, unless she is unchaste or ceases to be a Hindu by conversion. She can also live separately from her husband without forfeiting her claim to maintenance if he is guilty of desertion, cruelty, adultery, conversion, or any other justifiable cause. According to Section 125 of the Code of Criminal Procedure, 1973, any person who has sufficient means but neglects or refuses to maintain his wife who is unable to maintain herself can be ordered by a magistrate to pay a monthly allowance to her. However, this provision does not apply if the wife is living in adultery, or if she refuses to live with her husband without any sufficient reason, or if they are living separately by mutual consent. The Supreme Court has held that a wife who has been divorced on the ground of desertion by her husband is still entitled to claim maintenance under Section 125 CrPC. The court observed that once the relationship of marriage comes to an end, the wife is not under any obligation to live with her former husband and the deeming fiction of the divorced wife being treated as a wife can only be read for the limited purpose of grant of maintenance. The court also held that the husband cannot escape his liability to maintain his wife by pleading that she deserted him and that he has no regular source of income. The court said that the maintenance amount should be fixed according to the standard of living of the wife in the matrimonial home and taking into account the inflation and cost of living. Upon the grant of divorce on the ground of desertion, the wife can claim permanent alimony and maintenance from the husband as part of the proceedings for divorce.

Q: Different Divorce Types Their Final Judgement Time and Expenditure

Hi All...In how much time mutual divorce , ex parte divorce , contested divorce , normal divorce will finally decide and give their final judgement.How much complete expenditure these different type of divorce case have.In how much time and grounds wife able to challenge these different type of divorce cases.What is complete procedure for register these different type of divorce cases.

Advocate Kulwant Singh answered
mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.] 28. Divorce by mutual consent.―(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) 3 [On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. 29. Restriction on petitions for divorce during firs

Q: Section 420,467,468,471 and 120 B

Anil my friend is accused in the sections as mentioned above in a forgery case i.e. making false documents in the year 2003 .Case is in JMFC/CJM court .Now court trials have been completed. Anil had been arrested on memo 27 of Indian evidence act which was given by main accused. This case is on judgment now. During trial, memo witness ,prosecution witnesses have been hostiled,property seizing witnesses have been hostile .Even IO of the case has given statement before the court for not gettin

Advocate Kulwant Singh answered
Anil has good chances of getting a judgement of acquittal. it has to be seen how the witnesses were cross examined and mainly the final arguments. your case is based on documentary evidence and sometimes the court may convict on the basis of documents. I hope your lawyer has done his best .