Advocate Priyanka Yadav

Questions Answered by Advocate Priyanka Yadav (25+ answers)

Q: Cancellation of court marriage documents

How to cancelled the legal document of registered marriage..... marriage date is 22aug 2026

Advocate Priyanka Yadav answered
Court Marriage is a registered marriage. It cannot simply be cancelled. A mutual or contested divorce petition has to be filed before the Family Court having jurisdiction. If both the parties are agreed then then entire divorce can take 6 months and even earlier in some cases.

Q: Case dismissed as withdrawn without mentioning any liberty

My advocate got my case dismissed as withdrawn without mentioning any liberty without my consent on the first day of listening. He got my sign on blank paper with vakalatnama. Can I recall or restoration of my case with another advocate? Will it be fruitful. Matter of High court.

Advocate Priyanka Yadav answered
Yes, a restoration/recall application may be maintainable, particularly if the case was dismissed as withdrawn without your instructions or consent and the order does not record any valid authority for withdrawal. Immediately obtain the certified copy of the dismissal order, order sheet and relevant vakalatnama/application and have another advocate examine the record.

Q: Clarification regarding Retrenchment Compensation

My company is small startup with employees count as total 10 in India and it is subsidiary of US company. Last month I (Position - Testing Lead ) got laid off giving one month notice (as mentioned in my offer letter )providing the reason of restructuring. As part of FnF , only last month salary was paid , no other compensation was added. As per indian labour laws I believe I am entitled to retrenchment compensation along with new 'Workers Re Skilling Fund' pay based on my tenure. Please confirm.

Advocate Priyanka Yadav answered
Retrenchment Compensation: Under Section 25F of the Industrial Disputes Act, retrenchment compensation is generally payable only to a “workman” who has completed at least one year of continuous service. The compensation is usually 15 days’ average pay for every completed year of service (or part thereof exceeding 6 months), along with Notice pay, if proper notice is not served.

Q: False pretext of marriage then developing sexual relationship

I was in a relationship with my colleague and decided to get married . He promised he will talk to his parents and assured me that he will get married to me . After that we got physically involved . Now he says he can’t marry me because his parents are opposing this because of caste issue. His family also abused me and spoke ill. What can i do. He’s not ready for a court marriage too now

Advocate Priyanka Yadav answered
Under the Bharatiya Nyaya Sanhita, 2023, sexual relations obtained by deceiving a woman with a false promise of marriage can amount to rape if the promise was dishonest from the very beginning. You can consult a lawyer and take steps accordingly.

Q: Terminated my wife since I have joined a competitor company.

My wife and I was working in sales department. She was under me and working as Manager while I was working as a senior sales manager. I left the organisation 2 months back and joined a company and launched exactly the same product as of Internshala. They got to know this, in aggression they have fired my wife 3 days back. They took a meeting and verbally told her for termination and made her sign FnF and No dues form. I have the recording of the meeting saying it is because of me.

Advocate Priyanka Yadav answered
An employer cannot terminate an employee for the alleged acts of her spouse, unless there is a proven contractual breach or misconduct attributable to the employee herself. Terminating her services merely because you joined or started a competing business amounts to victimisation and colourable exercise of power, which is impermissible in law.Further, verbal termination without a written order, charge-sheet, domestic enquiry, or compliance with notice requirements is illegal. Even a managerial employee cannot be removed punitively without following principles of natural justice. Forcing her to sign Full & Final settlement and No Dues forms under coercion further weakens the employer’s case, as such documents can be challenged if obtained under pressure. The recording where the management admits termination is “because of you” is strong evidence of retaliatory dismissal. If your wife does not have a non-compete or conflict clause linking her employment to your actions, the termination cannot be justified.She may challenge the termination before the Labour Authority or appropriate court, seek declaration of illegal termination, reinstatement or compensation, and damages for wrongful termination. Immediate legal notice is also advisable to formally dispute the termination and coerced F&F settlement.Adv Priyanka Yadav