Advocate Sumegh Garg

Questions Answered by Advocate Sumegh Garg (100+ answers)

Q: Urgent Advice Regarding Police Matter

I am a female, 21 yrsold, residing at Bhondsi, Gurugram. I am a student at Delhi University and currently staying with a friend in Kolkata. The local police station has contacted me, stating that my parents have filed an FIR against me under Section 346 of the BNS despite knowing I'm in Kolkata, they are asking me to visit the police station ASAP to be taken to the District Magistrate they are not providing me the full details of the case.What shall i do as i am mentally and physically not fit

Advocate Sumegh Garg answered
Since you are 21 years old and legally a major, you have the right to live wherever you choose and your parents cannot force you to return home through criminal proceedings unless there is a specific criminal allegation. You should first ask the police for a copy of the FIR and complete details of the case, and avoid visiting the police station alone. Inform them in writing that you are currently unwell and unable to travel.

Q: Case disposed nature of Uncontested--Disposed

In my case bail application status showing case disposed and nature of Uncontested--Disposed off my question is If we don't have Surety Bond and I m belongs to BPL category so can I get bail or I have to pay surety bond

Advocate Sumegh Garg answered
The court has directed you to furnish surety bonds as part of the legal proceedings. However, if you are not financially capable of providing the amount of surety bonds fixed by the court, you have the right to make a request before the court for their reduction.You may submit an application explaining your financial condition and the difficulties you are facing in arranging the amount required for the surety bonds. In such an application, you should clearly state that due to your limited financial resources, it is not possible for you to furnish the bonds of the amount ordered by the court.The court has the discretion to consider your financial circumstances and may reduce the amount of the surety bonds if it finds your request genuine and reasonable. Therefore, you should respectfully request the court to reconsider and reduce the amount of the surety bonds to a level that you are capable of furnishing.

Q: Maintenance charges dues case by rwa

Have to submit my written statement to court for maintenance charges dues case by rwa.

Advocate Sumegh Garg answered
You are required to file a Written Statement before the court in response to the maintenance dues case filed by the RWA, wherein you must mention the court name, case number and parties’ details, raise any preliminary objections such as incorrect calculation of dues, lack of authority, limitation or non-compliance of bylaws, give a clear para-wise reply to each allegation made in the plaint by admitting or denying the same, state your version of facts including details of payments already made or disputes regarding services/charges, rely on relevant legal grounds if the demand is arbitrary or contrary to the society’s bylaws, and conclude with a prayer seeking dismissal of the suit or proper reconciliation of accounts, along with verification and your signature, attaching all supporting documents like receipts, bank statements and correspondence, and ensure that the Written Statement is filed within the time granted by the court to avoid adverse orders.

Q: Transfer dead in relation dispute

I and my wife own Flat in Haryana with bank loan of 60 L. After 8 yrs wife transferred her 50% property in my name and I further transferred 100% within family to my sister as transfer deed. Wife paid EMI worth 65 lac pre transfer, loan outstanding was 52 lac (remaining interest was paid) during transfer. Now after 4 years of transfer deed in wife informed she will be filing for property stay as we are undergoing divorce litigation. Can this cause a trouble to me?

Advocate Sumegh Garg answered
If the flat was transferred through a properly executed and registered deed to your sister four years ago, she is the legal owner on record; however, your wife can still seek a court stay during divorce proceedings by alleging that the transfer was made to defeat her matrimonial or financial rights, especially since she contributed substantially to the loan repayment. The court can examine whether the transfer was bona fide or intended to avoid her claims, and if it finds prima facie merit, it may grant an interim stay on further dealings with the property. Therefore, it can cause legal complications.

Q: rajamujhe or mere baaccho ko chodkr kisi jaat ke ladke ke sath reh rah

Meri gherwali mujhe or mere baaccho ko chodkr kisi jaat ke ladke ke sath reh rahi hai jisne ki mere sale Shekhar or ek raja name ke ladke ko maar chuka hai or mujhe bhi jaan se maarne ki dhamki deta hai jinki recording mere pass hai me Kai baar choki bhi gaya lekin mere koi Sunvai nahi huyi

Advocate Sumegh Garg answered
If your wife is living with another person and that person is threatening to kill you, this is a serious criminal matter. If you have recordings of the threats, keep them safely as evidence and immediately file a written complaint (FIR) at the nearest police station. If the police are not taking action, you can submit a complaint to the Superintendent of Police or file an application before the Magistrate under Section 156(3) CrPC seeking directions for registration of an FIR. Criminal intimidation is punishable under Section 506 IPC. If your children are not with you, you may also file a petition for child custody before the Family Court. For your safety, you can seek protection from the court.