Advocate Sumegh Garg

Questions Answered by Advocate Sumegh Garg (100+ answers)

Q: Restitution of Conjugal Rights (RCR) and reside in matrimonial home

I married in Nov 2024. I am pursuing a PhD in another city since Sept 2023. My husband lived with me until Aug 2025, then returned to his parents. We reconciled in Mar–May 2026, but in July 2026 I was denied entry to my matrimonial home as it is in my in-laws name and my husband filed a divorce petition alleging mental cruelty stating influential political connections. I want to continue marriage. Advice how I can defend the case and seek residence rights and recovery of my stridhan.

Advocate Sumegh Garg answered
You should immediately file a detailed Written Statement opposing the divorce petition and specifically deny the allegations of mental cruelty. Preserve all evidence such as chats, emails, call records, photographs and proof of reconciliation (Mar–May 2026), as these weaken the husband’s allegations.Since you wish to continue the marriage, you may also seek restitution of conjugal rights, if legally advisable on the facts. Regarding denial of entry into the matrimonial home, you can file an application under the Protection of Women from Domestic Violence Act, 2005 seeking a residence order/alternate accommodation, protection order and return of your stridhan. Prepare a complete list of your stridhan articles with purchase bills, photographs or witness details. If the articles are withheld, you may also seek appropriate criminal and civil remedies for their recovery.

Q: A person was arrested today for 2013 case which he didn't know about

A person was arrested today for 2013 case which he was made aware that such case exists against him today after 13 years never received any summons or anything he was living with well public records as voter ,Ration and Aadhaar Addressed to same permanent address for a decade after vacating his railway quarter in 2016.Now police is saying he's absconding when he no knowledge of such case

Advocate Sumegh Garg answered
If the person had no knowledge of the case and was continuously residing at a traceable address reflected in public documents such as Aadhaar, Voter ID and Ration Card, the mere allegation of “absconding” can be challenged. The accused should immediately apply for regular/default bail (as applicable), obtain copies of the FIR, charge sheet and court orders, and verify whether summons, warrants or proclamation proceedings were ever lawfully served. If service was defective or never effected despite the police being able to trace him, this can be brought to the notice of the court. The legality of the arrest and the delay in execution of process can also be examined based on the facts and court record.

Q: Property Ownership Dispute Leading to Police Complaint

My family purchased a property from the previous owner and we have been in possession of it since 2020. We have the relevant documents, property tax receipts, electricity bills are in my family’s name, and we have been paying all dues regularly. Another person has come forward claiming ownership and has registered a complaint in the local police station. What to do now? We need some advice.

Advocate Sumegh Garg answered
your family has been in possession of the property since 2020 and has the sale documents, property tax receipts, electricity bills, and other records in your name, immediately preserve all original documents and cooperate with the police by submitting copies of the title documents. A police complaint alone does not determine ownership, as disputes relating to title are decided by a civil court. If the claimant attempts to interfere with your possession or relies on forged documents, you may file a civil suit for declaration and permanent injunction, and if necessary, seek an interim injunction to protect your possession. It is also advisable to issue a legal notice and contest any false allegations with proper documentary evidence.

Q: Child Custody and Visitation Rights

My wife and I are living separately. I want to know how I can get custody or visitation rights of my child. What documents are required? Which court has jurisdiction in Faridabad? What are my legal rights under Indian law? Please guide me regarding the complete legal procedure.

Advocate Sumegh Garg answered
You can seek either custody or visitation rights of your child by filing a petition under the Guardians and Wards Act, 1890 read with the applicable personal law. The paramount consideration for the Court is always the welfare and best interest of the child, not merely the rights of either parent. If your child is ordinarily residing in Faridabad, the Family Court, Faridabad will generally have jurisdiction to entertain the petition. Documents usually required include your identity proof, child’s birth certificate, marriage proof, address proof, details regarding the child’s residence and schooling, and any relevant documents showing your involvement in the child’s upbringing or circumstances affecting the child’s welfare. Depending on the facts, you may also seek interim visitation rights during the pendency of the case. The Court may encourage mediation before deciding the matter. The specific legal strategy depends on the child’s age, present custody, and the circumstances leading to separation.

Q: Restitution of Conjugal Rights (RCR) and reside in matrimonial home

I married in Nov 2024. I am pursuing a PhD in another city since Sept 2023. My husband lived with me until Aug 2025, then returned to his parents. We reconciled in Mar–May 2026, but in July 2026 I was denied entry to my matrimonial home as it is in my in-laws name and my husband filed a divorce petition alleging mental cruelty stating influential political connections. I want to continue marriage. Advice how I can defend the case and seek residence rights and recovery of my stridhan.

Advocate Sumegh Garg answered
Since you wish to continue the marriage, immediately contest the divorce petition by filing a detailed written statement denying the allegations of mental cruelty and placing on record the reconciliation between March–May 2026, which weakens allegations based on prior incidents. Preserve all chats, emails, photographs, travel records and other evidence showing normal matrimonial relations. If you were unlawfully denied entry into the matrimonial home, you may seek appropriate residence orders under the Protection of Women from Domestic Violence Act, 2005. Even if the house stands in your in-laws’ name, the court can consider your right to secure alternative residence against your husband depending on the facts. If your jewellery, gifts or other stridhan are retained by your husband or in-laws, you can seek their return through appropriate legal proceedings and, where justified, initiate criminal action for criminal breach of trust. Also consider filing a petition for restitution of conjugal rights if your intention is genuinely to resume cohabitation.