Advocate Rajnish Kumar Singh

Questions Answered by Advocate Rajnish Kumar Singh

Q: Recovery issue of a loan given to friend

A friend to who owes me around 33 lakh (20 lakh principal + 13 lakh interest) given in Loans (documented in loan agreements) of Rs 5 lakh(through cheques) in Feb 2021, Rs 10 lakh(through cheques) in Aug 2022, 5 lakh(through online modes but no agreement) is giving execuses of financial crunch. I have proofs of loan agreement of 15 lakh, chque/bank transfers, voice call recordings, whatsapp video call recording. I am pushing him to create a new agreement mentioning the latest amount that he owes

Advocate Rajnish Kumar Singh answered
Hello,Why to seek a new agreement when you’ve all the documents for proving the transaction of loan. Since you’re having the cheques with you, you can also get them dishonoured by presenting before the bank and that ways he will get within the realm of NI Act. You can also seek civil action against him in the form of a recovery suit under order 37. Additionally, a police complaint can also be filed.

Q: Divorce matrimonial issue alimony 498a

I left matrimonial home then after 1 year husband filed divorce case under IPC 13. So I filed 498a , But due to family member health issue I not filed written statement. Now 150 day is completed & court given No W. S. order in divorce case.But I want to harass husband, So how can I cancel this order? Whether because of no W. S. Husband get divorce decree? Is there any way so order get cancel & I get alimony also?

Advocate Rajnish Kumar Singh answered
See it’s true that max 90 days are given toh file written statement but that is directory and not mandatory. If you have any genuine and reasonable cause then you may communicate it to the court and it will certainly come to your rescue. It may allow you to file WS after imposing some cost. There’s nothing to worry.

Q: Physical and mentally Harrasment

My boy friend use me he makes physical relationship with me and we will marriage soon but now he is said his family was not allowed he marry some another girl

Advocate Rajnish Kumar Singh answered
This is very unfortunate and is something which is happening every now and then and needs strongest possible action. If that, as above said, has happened to you then it clearly comes within the category of Rape on the false pretext of marriage and this man can be arrested and prosecuted for this offence. You need to get a complaint drafted and filed before the jurisdictional police.

Q: Divorce alimony matrimonial issue false 498

Wife filed false 498 on me, here wife submitted some modified whatsApp chat. Also in mahila aayog wife submitted my fake salary slip to show my salary. Even yesterday wife filed application for maintenance in court with modified chat & my fake appointment letter. So which action I need to take? Under which IPC I need to file FIR? Which proof I need to collect for this?

Advocate Rajnish Kumar Singh answered
If that is the case then the act committed by your wife amounts to forgery and an FIR for that can be registered by the jurisdictional police. In addition to this you can also take up a strong defence regarding the production of false documents and false statements made on oath by your wife against you, if the case has been filed before the court.

Q: Annulment of Marraige under Sec 12 HMA

I married in year 2015 and I have got to know that my wife has done fraud with me on the below grounds1) She has hidden her OCD and Narcissist Personality Disorder mental illness and she is being very physically violent and abusive because of these mental disorders2) She lied on her shaadi.com account about her age and Qualifications I have audio recording and video recording about her physical violence and also her audio recording about her acceptance of lying before marraige

Advocate Rajnish Kumar Singh answered
The remedy that you have in this case is two fold. Firstly you can seek a declaration from the court that since this marriage was based upon certain facts that have been concealed from you so the marriage just be dissolved on that basis. Secondly, you can also seek damages from your wife and family for all the types of mental, societal and emotional harassment meted out to you on account of this act. There are many more options that you have.