Advocate Rakesh Kumar Singla

Questions Answered by Advocate Rakesh Kumar Singla (25+ answers)

Q: False FIR in sc/st act under section 3 (2) (va)

1-How much probability to get anticipatory bail in the section mentioned above.2-How many days it may take to get bail.

Advocate Rakesh Kumar Singla answered
Sir, there is no bar under SC/st act for the concession of Anticipatory bail unless prima facie case is made out. Hon'ble court is very much competent to grant the anticipatory bail. However you can expect regular bail after the filing of the charge sheet against the accused. For further query please contact us.

Q: The electricity department filed an LL-1 (Load Loss) and a theft case.

The electricity department filed an LL-1 (Load Loss) and a theft case. My uncle filed a civil suit, along with an application to prohibit the disconnection of the electricity connection. However, after receiving the summons, the electricity department disconnected the connection. The hearing for the case is fixed for December 23, but the disconnection was done the very next day after the notice was served, i.e., on December 18. Please advise on what steps should be taken.

Advocate Rakesh Kumar Singla answered
Sir, you should have filed the application under order 39 CPC alongwith the suit so that department was prohibited from disconnecting the electricity connection without the order from the Hon'ble court. But now as the connection is already disconnected then you have only remedy to approach the Hon'ble court along with application for the restoration of electricity connection during the trial. For further query please contact us.

Q: I’m male,31y,hindu Filed case divorce petition under HMA 13, 1, Ia, Ib

My wife have shifted to Australia 1.6Yrs ago. As of now I don’t know the current address of her. There is an issue with serving divorce notice because of this. I have served notice 3 times through court to her Aadhar card address but notice has reached her. “Notice of Respondent not served. The petitioner shall serve Notice to the respondent by 24.01.2025 failing which OP stands dismissed for default. Call on 24.01.2025.” From recent hear. What can be done in this situation.

Advocate Rakesh Kumar Singla answered
Sir, Since your wife is in Australia and summons from family court are not served on the aadhar address then in that case you can ask the Hon'ble court for substituted service of summons. Under that you can seek permission from the Hon'ble court to publish the divorce notice in any national and local newspapers by providing sufficient time to her for her appearance. Thereafter she can be a proceeded exparte. For further query please contact us.

Q: 498 A false case by sister in law

My bhabhi has filed a false 498A case on my brother, myself, my sister, my father, and my mother. It was an arranged marriage & for the last 2.7 years they are residing in a different state. Since the seperation we never visited her place & neither she came to ours. Can she still file a 498A case on us.She is threatening us based on call records from a year ago which are my conversations with my brother where he is complaining about their fights & I suggested divorce if can't stay together

Advocate Rakesh Kumar Singla answered
Sir, If the conversation held between you and your brother is of such a nature which causes cruelty to your bhabhi then you are liable under section 498A IPC. As per 498A [Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. For further query please contact us.

Q: Power of attorney query for mutual divorce final hearing

The first hearing for my mutual divorce has been completed, & second/final hearing is scheduled for March. My husband is abroad & has given his father power of attorney to represent him at both hearings. My case is registered in a Haryana. Meanwhile, I will be moving to Bangalore for my new job & will not be able to take leave due to the new job policy. Is it possible for me to give my father power of attorney for signing the final documents ? or do I have to be mandatorily present in person?

Advocate Rakesh Kumar Singla answered
Mam, under section 13 B of HMA consent of both the parties is required for both stages. If your husband is agreed for consent in second motion and only concern is your presence. You can take permission from Honorable court to permit on the basis of Power of attorney as there are judgments of various courts regarding the same. For further query please contact us.