Advocate Sonal Singh

Questions Answered by Advocate Sonal Singh (25+ answers)

Q: Mother abuses her children, father a civil servant

Mother abuses both her children. Son is minor, 17 Years Old. Her sister (Masi / Aunt) and husband (Father) supports the crime. Father is a Civil Servant , an IRS Officer. During the abuse, father runs away and acts as if he knows nothing and has seen nothing but when any child goes and makes a complaint, father harasses the child and puts false allegations on the child. All Civil Servants, Police and the Schools refused to acknowledge the complaint. NCPCR & NCW dismissed the complaint.

Advocate Sonal Singh answered
Proceed before court in such cases and take the help of NGO I work with Bachpan Bachao Andolan and I can help to get the assistance in your case. But the children’s must possess some proofs of cruelty over them.

Q: SLP in divorce case , husband did remarriage and got new child too

Divorce decree has been granted to husband by the HC on the ground of cruelty. After completing 90 days of the judgement, husband got remarried with some another lady. First wife filled SLP in the SC. Husband got the Notice from SC after 9 months of receiving the divorce decree. Case is pending for hearing in SC. Meantime , one child born out from the second marriage of husband .Legally, what will happen in this scenario.Can divorce decree be cancelled and second marriage is void ?

Advocate Sonal Singh answered
• File a caveat in Supreme Court, or submit an intervention application in the SLP proceedings. Bring to notice that: • SLP was filed after a long delay, • He has remarried and started a family, • Reversal now would cause irreparable hardship and disrupt lives.

Q: in relationship with married women

my question is { i am in realtion with married women and she is saying to lives with me and divorce is not done yet plz help me what to do }.

Advocate Sonal Singh answered
The facts are not complete to suggest you accordingly but still based on this information, first the married women should file a divorce case and then she can stay with you.For the man: He should stay away from the relationship unless she is legally divorced and he is willing. If being forced, he can seek police/legal protection.For the woman: She must first legally dissolve her marriage before pursuing another relationship. Forcing someone into a relationship has serious legal consequences.

Q: Required judgement for 138 NI Act case

Need judgement regarding complainant can't go beyond his complaint in 138NI Act at the time of final arguments or can't change his stand at the time of final arguments

Advocate Sonal Singh answered
In cases under Section 138 of the Negotiable Instruments Act (NI Act), the complainant’s lawyer may adjust the emphasis or strategy during final arguments, but cannot fundamentally alter the original stand taken in the complaint. Courts have consistently held that parties are bound by their pleadings and cannot introduce a new case at the stage of arguments.For instance, in the case of Dharmender Bhardwaj v. Shashi Saini & Another, the court emphasized that once the issuance of a cheque and the signature are admitted, a presumption of a legally enforceable debt arises in favor of the complainant. The accused must then rebut this presumption by providing credible evidence. This case illustrates the importance of the complainant maintaining consistency in their allegations throughout the trial. Similarly, in Brij Nandan Gupta v. Vipul Vikram Singh, the court held that the complainant successfully established the case beyond reasonable doubt, leading to the conviction of the accused under Section 138 of the NI Act. This underscores that the complainant’s consistent stand, supported by evidence, is crucial for a successful prosecution. Therefore, while minor adjustments in legal arguments are permissible, any significant deviation from the original complaint without proper procedural steps, such as filing an amendment application, may not be accepted by the court.If you have a specific case or scenario in mind, please provide more details so I can offer more tailored information.

Q: Defamation complaint filed against one of the karya karta and my landl

I have filed a defamation case against one of the bjp kaaryakarta and my land lady. They both Force me to vacate the house using unethical mean. They both threaten me And tried to defame me around neigbours. I filed a defamation complaint and cr. Case 156(3) in delhi district court.The moment my landlady came to know that I have filed the complaint.She filed the suit for eviction. Now , my advocate is suggesting me two compromise , it and vacate the place And remove landlady name from defam cas

Advocate Sonal Singh answered
No, if you don’t want to compromise you should not do that and if in real for which you have evidence, you have faced defamation from them, fight for it with dignity. Still if you getting what you have asked in defamation case while compromising then you can definitely settle otherwise not.