Advocate Sudarshan Singh

Questions Answered by Advocate Sudarshan Singh (25+ answers)

Q: Marriage Relation Me Problem After Marriage

2 saal se shaadi ki baat chal ri thi shaadi ho gai ab first night me ladki kehti h hume aapke sath kuch nhi karna balki shaadi me hi nhi rehna kyuki ye shaadi hamari marzi ke bina hamare pitaji ne jabardasti karai h. Ab is case me ladke ko kya karna chahiye please guide

Advocate Sudarshan Singh answered
aapko usko samjha ke mutual divorce Le Lena chahie nahin to agar attachment hi nahin Hai shuruaat Hi dadi ki acchi hai to aage bhi Chal ke problems hongi isliye aap usko samjha kar aapse sahmati se mutual divorce Le lena chahiye

Q: False allegation by wife in response of section 12 notice

Me and wife living strangely from last 5+ years. after marriage we lived together for 50 days in a very disputed way, then she left. after, we tried to mediate and resolve issue through relatives, but never got a proper reply from their side. 2.5 years before sent a legal notice of section 9 but not filled case that time and not received any reply. This year we filled section 9 case against them. In response she filled section 12 HMA, and section 25 , section 27 HMA. In reply of section 9

Advocate Sudarshan Singh answered
If you file your case in the wrong direction or under inappropriate sections, it may weaken your position. If there is already so much dispute, why was Section 9 (Restitution of Conjugal Rights) filed? You must present the correct facts before the court. Lawyers who suggest unrelated or misleading approaches do not serve your cause.You should bring the genuine cause of action before the court and highlight the cruelty you’ve faced. Emphasize that the other party has not lived with you for such a long time, and now their sudden claims or demands lack credibility. Address the delay and inconsistencies in their actions, especially if they have already filed cases under Domestic Violence Act or Section 125 CrPC.You should immediately file objections in response to their claims, prepare a well-drafted reply, and demonstrate the flaws and contradictions in their case. Request the court to dismiss the case on these grounds. It is essential to focus on presenting the actual facts and proving your position with clarity

Q: Maintenance in 125 case filed by wife in FC

My wife in 125 case in rajnessh vs neha affidavit mentioned her as jobless. However in relaity she works in IT firm and makes around 1.09 lakhs/ month and my monthly salary is 1.85 lakhs/ month and there are no kids. I want to know if iinterim maintenance will be awarded to my wife even if Iproduce her ITR and 26 AIS

Advocate Sudarshan Singh answered
Based on the details you’ve provided, here are the steps you can take if there are false statements in the affidavit of Neha Vashish Rajnish:1. File an Application under Section 340 CrPC for Perjury:If the affidavit contains false or misleading information, you can file an application under Section 340 of the Criminal Procedure Code (CrPC) in the lower court. Through this, you can request the court to initiate perjury proceedings against the individual for submitting a false affidavit.2. Writ Petition in High Court under Section 482 CrPC after the Order:If the lower court's order goes against you, you can file a writ petition under Section 482 CrPC in the High Court. In this petition, you can seek a stay on the lower court's order and highlight how the false affidavit caused injustice in the proceedings.3. Highlight Relevant Grounds (Job and Absence of Children):If there are no children involved in the case and the other party is employed, these points can work in your favor. You should clearly mention these grounds in your objections and support them with evidence.4. Properly File Objections in the Lower Court:While filing objections in the lower court, ensure that all your arguments and evidence against the false affidavit are well-documented and clearly presented. This will strengthen your case.5. Prevent Mandatory Application Conversion:To avoid any adverse consequences in the interim, you need to actively contest the case at every stage, ensuring that no default orders are passed due to inactivity on your part.If you take these steps proactively, you can address the issue of the false affidavit effectively and ensure the necessary legal action is initiated.

Q: Section 13(b) is filed , after wife file section 164

Section 13(b) is filed in court by mutual consent ,after wife file section 164 against husband and his family , is section 164 is void or valid, if valid how can a husband can do to protect himself and his family

Advocate Sudarshan Singh answered
164th CrPC ke statement hote hain aur Agar aapka 2024 ke pahle July Se Pahle Ka Hai to CRPC ke antargat aaega adervise 180 aaega to unhone kaun si complaint Dali Hai aapane shortcut bataya Hai To Agar mutual ho raha tha to yah sari chijen Kyon I

Q: Crualty wife and I want to be divorce

Section9kiya huam 20 mahine hone wala h agar ek pakshi order k baad divorce k liye jaata huam patni divorce k samay ati h or bole sath rahungi mai chahta huam use divorce dena....usne paise ki mang ki h ki mujhe itna dedo tum apne raste hm apne raste...agar judge bole use maintenance do to kya mai judge ko ye bol skta huam ki patni ne itna paisa mangkr rista khatm krne ki baat ki hai to judge maintenance dilwayenge ya patni jitna Paisa mangi h usme s kuch kam rashi dekar divorce ho jayega.

Advocate Sudarshan Singh answered
quality ke ground per aap divorce Le sakte hain per pahle aap mind makeup Kariye ki aapko kya chahie Rahana Hai section 9 to Rahane ke liye Dala Jata Hai Un section 9 just prerit Karta Hai vah emphasize nahin kar sakta kisi ko bhi jabardasti Rahane per majbur nahin kar sakta to butter option yahi hai ki aapko Sidha contestant divorce Le Lena chahie Roti ke ground per agar aap Nahin Rahana Chahte to