Advocate Surpreet Kaur

Questions Answered by Advocate Surpreet Kaur (25+ answers)

Q: Whether the court grants divorce when the wife and child is not consen

Hello My husband forcefully left me during pregnancy at my parental home . And my father in law disowned me later my husband filed are divorce case in tis Hazari court without my consent and permission it is a contested divorce since 2020 September. I have already appeared in the case and is going on I want to know whether the court can grant divorce without my consent as it is separation of 5 years I have tried to live . We have 5 years old son. Divorce filed on ground of caste issues n crulty

Advocate Surpreet Kaur answered
madam in a contested divorce the court cannot grant divorce merely because you do not give consent or because there is long separation your consent is required only in mutual consent divorce not in contested cases Since your husband has filed the divorce on the grounds of cruelty and caste-related issues, the burden of proof lies entirely on him he must prove these allegations with reliable evidence mere allegations or long separation of five years by itself is not a statutory ground for divorce under Hindu Marriage Act the Family Court will decide the case strictly on the basis of evidence led by both parties if cruelty is not proved the divorce petition can be dismissed even without your consent your facts being left during pregnancy living at a parental home, and having a minor child are relevant and important factors the welfare of your five year old son is also a significant consideration before the court you should contest the case properly file a strong written statement, and lead evidence you may also explore remedies like maintenance child custody and protection proceedings if not already initiated

Q: while giving final orders on fir quashing. does judge order for child/

while giving final orders on fir quashing. does judge order for child/wife maintenance

Advocate Surpreet Kaur answered
no while deciding a petition for quashing of FIR the court does not pass orders regarding wife or child maintenance . maintenance is a separate civil/family relief and can be granted only in Independent proceedings however if there is a settlement or compromise between the parties placed before the court at the time of quashing , the Court may record agreed maintenance terms or direct compliance with an already agreed amount , but it cannot suo Moto fix or determine maintenance while quashing the FIR.

Q: 2nd part of Retention not paid

if my company has written in retention contract that i'll get my 2nd retention installment on 31st december and they dont debit it. can i register a legal case against my company for compensation. Retention remaining is for 30,000

Advocate Surpreet Kaur answered
yes you can take legal action but the first step is not straight away filing a case if your retention contract clearly mentions that the second retention installment was payable on 31st December and the company has failed to release it without any valid reason it amounts to breach of contract you can send a legal notice to the company demanding payment of 30000 within a fixed time usually fixed time usually 7 to 15 days. If the company still does not pay you can file civil recovery suit for retention amount as along with interest or a labour or industrial dispute depending on your employment nature and designation. regarding compensation court generally awards interest and costs.

Q: If other party force us to file petition what should we do .fee charge

If other party file partion then i also have to file

Advocate Surpreet Kaur answered
if the other party has already file a partition suit you are not required to file a separate partition case again. you should contest that case by filing return statement and if needed you may file a counter claim in the same suit to assert your share or raise your objections. filing a fresh partition suit on the same property between the same parties is generally not advisable as it may be barred due to the pendency of the earlier suit. All your rights, claims and relief can be effectively raised within the existing proceedings. However, depending on facts, documents, and possession, specific reliefs like injunction or mesne profits can also be sought in the same matter. It is advisable to consult an advocate with case papers before taking further steps.

Q: Notice under 94 and 179 bnss for ipc 61(2) 318 319 a 336 340 bns and

Recieved a notice under 94 and 179 bnss by cbi jaipur they asked me to come as they want to ask some questions regarding a 2019 fake appointment letter I received. Should I take a lawyer with me for questioning as I am financially unstable so I had not contacted anyone yet

Advocate Surpreet Kaur answered
A notice under Sections 94 and 179 BNSS from CBI requires your personal appearance for inquiry and for recording your statement. Since the matter concerns an alleged fake appointment letter from 2019, the agency will want to understand how you received it and whether you were a victim or knowingly involved you are not legally required to take a lawyer inside the interrogation room, but it is always advisable to consult an advocate beforehand so that you do not make any unintentional statements that may be used against you later. Even one proper legal briefing can protect you, financial instability is understandable, but non-cooperation or appearing unprepared can create far bigger legal issues, including possible coercive steps. So, attend the CBI office on the given date, carry all documents related to the appointment letter, and answer only what is asked if needed.