Advocate Pratik Vikram Singh

Questions Answered by Advocate Pratik Vikram Singh (25+ answers)

Q: Compassionate Seat in UP Police Dept

My father (passed away on Sept 2018 ) was on d post of Inspector in UP Police. I m B tech MA LLb I applied for d post of SI but due to new rules (updated in 2016-17) I cud not qualify d race n due 2 financial reasons I joined as Constable in UP Police so can I file a case so that I cud get another chance thru old rule to apply for SI post. Please help me

Advocate Pratik Vikram Singh answered
Recruitment to government posts is governed by the rules applicable at the time of advertisement. There is no vested right to seek selection under old or repealed rules. Compassionate grounds do not entitle a candidate to relaxation for higher posts or multiple opportunities. Since you have already joined service as a Constable, seeking a fresh chance for the Sub-Inspector post under old rules is generally not maintainable. Judicial review is possible only if there is clear arbitrariness or violation of law, which depends on the specific facts.

Q: I want to take divorce from my wife.

My wife do harrasment me. She abousing me and my family members.

Advocate Pratik Vikram Singh answered
यदि पत्नी द्वारा लगातार मानसिक उत्पीड़न, गाली-गलौज या परिवार के सदस्यों को परेशान किया जा रहा है, तो यह गंभीर विषय है। इस प्रकार का व्यवहार वैवाहिक कानूनों के अंतर्गत मानसिक क्रूरता की श्रेणी में आ सकता है। आपको सभी साक्ष्य जैसे संदेश, कॉल रिकॉर्ड, गवाह आदि सुरक्षित रखने चाहिए।

Q: Rewrite this to sound more personal or more legalTailor it

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Advocate Pratik Vikram Singh answered
Sending friend requests to women is not cruelty unless an affair is proved.Wife defaming you, posting your photo and saying “my husband is dead” is serious mental cruelty, defamation and cyber-harassment.General reels about “bad wives” without naming her are not cruelty.Messaging her when she unblocks you to talk is not harassment

Q: While ongoing dowry and domestic violence case social media activity

1. Can I send friend request to girls, wife friends.2. She connect with my family, friends, neighbours and defame me and my family.3. She post my photo on status and write my husband is dead, bhagwan atma ko shanti de.4. I post reels on status of bad wifes and charector but not mentioned her, not share, not send her(will it consider as cruelty). I ask her these are not for her please not watch them.5. She deny to talk me & block-unblock me several times canI send her msg when she unblock me.

Advocate Pratik Vikram Singh answered
Sending friend requests to women on social media is NOT cruelty unless there is proof of an affair or immoral relationship. Normal online interaction is not illegal.Wife defaming husband and family by contacting relatives/neighbours and spreading false stories is mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act.Posting husband’s photo with false message like “my husband is dead” is serious mental cruelty, defamation and cyber-offence.Posting general reels about “bad wives” without naming or directly targeting her is not cruelty unless it is clearly meant to insult or harass her.Messaging her only when she unblocks you to communicate as husband is not harassment.Her acts of public humiliation, false posts and social defaming are strong legal grounds for divorce on mental cruelty and also for legal action for cyber defamation.

Q: Want to know according to Hindu Marriage Act

I want to marry my maternal grandmother's brother's daughter, is it illegal in hindu Marriage act?

Advocate Pratik Vikram Singh answered
Marriage with maternal grandmother’s brother’s daughter is legal under the Hindu Marriage Act, 1955 because:She is not within prohibited degrees of relationship under Section 3(g).She is not a sapinda under Section 3(f) (beyond 3 generations in maternal line).No blood-relation bar applies in law.So, the marriage is valid and lawful, unless a specific local custom prohibits it