Advocate Rajnish K Singh

Questions Answered by Advocate Rajnish K Singh

Q: Writ petition listed in Registrars court instead of main supreme ourt

I have filed criminal writ petition in supreme court. My case is listed in Registrar court instead of main court. Is it fair? Does the registrar has same powers and functions of supreme court?

Advocate Rajnish K Singh answered
Absolutely not how come Registrar has the same power of that of Supreme court Judge. It must be listed before the registrar court in want of some procedural aspect. Once that aspect is done, it will be listed before a proper bench for adjudication. Must be respondents have not filed their counter affidavit etc in your case. Once you will provide the case no of your case, I will be in a better position to tell you as to for what issues the case is listed before the registrar's court.

Q: Clarification regarding marriage and divorce

Hi, My husband was married to a girl in 2013 according to bengoli rituals and they both were bengoli. After 2-3 days of living together he found her addicted to drugs and smoking and behaving very abnormal way. After 45 days of marriage he decided to step back and finish this matter so he ask that girl to go back to her parents and he will file a divorce against her. She accepted his opinion and both get separated. my husband tries to file a divorce but she refuses come. Finally a lawyer said that you dont have any proof and even that girl is not coming to file a divorce you should go back and start your new life. in 2015 my husband and I met, I am rajput girl and we got married I know the whole story but I dont have any problem we done with Arya smaj wedding and gurudwara wedding and I have certificates of both the wedding but not court certificates. Now after 5 yrs she send me a msg that she file a case against my husband. Plz advice is the previous marriage is null and void ?

Advocate Rajnish K Singh answered
So far as the lady is concerned , she has deserted her matrimonial home. And never took any step to rejoin her matrimonial home . In the eyes of law she is a deserter. A deserter has no illegal safeguard in law. Your husband can file very well file a divorce petition on this very ground. In regard to your marriage it is a valid marriage and both are separate issues and can not be cojoined.

Q: Rights of a wife against cheating husband

My husband is cheating on me with his nephews wife! She is 26 years younger to him and he wants to marry her. I have a 3 year old daughter as well. What action can be taken against him? What are my rights as a wife?

Advocate Rajnish K Singh answered
A cheating husband is liable to be prosecuted for adultery , and after a recent Supreme Court judgement , the offence has become gender neutral. Other available remedy is in form of Divorce, Judicial Seperation. Though it is hard to prove an offence of cheating spouse by direct evidence but circumstantial evidence finally nails the offender in the nature of corroboration.

Q: How to get government lawyer in case of section 498

I filed an FIR section 498 against my husband but no action has been taken yet. My mediation case is also pending in court and only 1st motion is completed yet. I want to hire a government lawyer as I am not financially strong so what is the procedure to get a government lawyer, please suggest. Also, kindly let me know the next steps of action to be followed in my case.

Advocate Rajnish K Singh answered
Free legal aid can be sought from the National Legal Services Authority (NALSA), various State Legal Services Authorities or District Legal Services Authorities. An application can be made by any person in need of free legal services to the concerned authority or committee by sending in a written form or filling the forms prepared by the authorities, briefly stating the reason for seeking legal aid. The application is available free of charge.It can even be applied for orally to an officer or a paralegal volunteer of the concerned legal authority. The action taken on an application varies from providing counselling or legal advice to the parties, to providing a lawyer for representation in a court of law.

Q: Legal separation without divorce or any case

I want to leave my alcoholic husband. don't want to fight any case. can I leave my matrimonial house taking all my belongings.can my husband object on taking my things?

Advocate Rajnish K Singh answered
Absolutely you can leave your alcoholic husband, there is no bar in it. Alcohol intake by spouse results in marital problems. The divorce rate among heavy drinkers is high and the wives of such men are likely to be anxious, depressed and socially isolated. And substance abuse is a valid ground for divorce in India. You are well within your legal rights to leave your husband, along with your belongings and it can be a valid ground for judicial separation as per HMA and if your husband is earning good you can claim maintenance also. His acts also comes under the preview of Domestic violence act.