Advocate Tanu Singhal

Questions Answered by Advocate Tanu Singhal

Q: cprc 125 maintenance case , dv act 2005

My wife filed 498a , crpc 125 and dv act case.Only 1 year is completed to our marriage and she lived only 2 months with me due to her studies. I also found out that she had extra martial affair with my brother through WhatsApp messaging and they talked like they were husband wife. Also talked about minor adult things.One more thing is my brother is a mental patient suffering from ADHD. She also filed section 354 against him order to fulfill her personal vendetta against my whole family.Now my question is " Can i show her chats with brother in her maintenance case to deny her maintenance ? " I m also jobless.

Advocate Tanu Singhal answered
1 . file proper formal replies before each forum, be it caw cell, be in a notice under 41a CrPC, be it 125 2 if you have the chats you have a brilliant case at hand, you have a good defence 3. 125 has one defence that if the wife has left the company of husband out her own will the she is nit entitled to maintainance. 4 you should file divorce based on mental cruelty and infidelity

Q: WIFE AND HER FAMILY HARASSING ME

BOTH OF US ARE DIVORCED AND THIS IS OUR SECOND MARRIAGE AND WE ARE HAVING A YEAR OLD DAUGHTER, SHE LEFT MY HOUSE AND TOOK MONEY, JEWELLERY AND OUR DAUGHTER AND COMPLAINED FALSELY IN CAW CELL, I FIRST HEARING I CALLED BEING CALLED FROM HER NUMBER BY COUNSELLOR FOR COUNSELING AND I WENT..THEIR SHE DISCLOSED THAT SHE IS PREGNANT OF 4 MONTHS AND DENIED TO COME MY HOME, IN SECOND DATE SHE TOOK COMPLAINT BACK STATING SHE IS PREGNANT AND WANT TO CLOSE COMPLAIN TEMPORARY. PLS SUGGEST

Advocate Tanu Singhal answered
in such a scenario you must file to the cw cell in order to safeguard yourself for the future complaints . Secondly, if she really wants to come back then you should get the same on an affidavit that she will not be filing any other false complaint against you in caw cell or any other such forum so that you are protected for the future. You should get a written apology and everything she agrees to on record in CAW CELL

Q: Gift house from mother to daughter

91 year old NRI Mother India citizen lives in NZ with son. Can't travel. She wants gift house in India to UK citizen daughter. What is practical best way? Son can travel to India on mother behalf. Please advise

Advocate Tanu Singhal answered
in that case you should get a special power of attorney executed for mother in favour of the son, so that the mother can get the gift deed executed in favour of the daughter indirectly the son can then come to India and execute the goft deed in favour of the sister or the daughter of the executant that is the mother and the same can then be registered before the registrar as well in india

Q: I talked about Passed Order Against Me On Section 24 Excecution

Despite all the evidence that I have, the court does not listen to my lawyers and Judge Judge PJFC Mrs.Bimla Kumari Ji. now she Order against me "As per the report submitted by the Nazir, A some of Rupee 264000, has to be paid by JD to the DH. Since has not cleared the decreetal amount dispite Opportunity, Issue warrant Attachment against the Movable and Imovable Properties of JD through the SHO Concerned on filling of PF by the DH with In two weeks".I also have proof of the job she does.And I have also installed latest RTI in his department.Crpc125 Matter is in my favor But my brother has also challenged in his High Court, then we have also ordered for acceptance.I put forward all my evidence.I want the High Court of 125 is going on so stay it I was bound in the maintenance section 24 Relieve me.this case has been going on since 2013.

Advocate Tanu Singhal answered
if you are having all the proofs with you in respect of the employment of your wife and there is an order in your favour in 125 matter, then you have a good case in hand. you can go ahead with the appeal before the high court.

Q: Payment taken but no possession of land

I paid 5 lac rupees via cheque to a property dealer in dwarka, delhi. This was for two plots in Bhiwadi (Rajasthan). He has neither given the possession of the plots nor refunded the money. When chased frequently, they gave me four cheques but three of them bounced. On their request I didn't lodge complaint for these. Now he has stopped responding to my calls, texts and not refunding the money. What are my options? Pls suggest.

Advocate Tanu Singhal answered
you have multiple remedies. 1. go ahead with the cheque bounce case, get them a warrant served, this will ensure their presence in the court. 2. move a suit for declaration or specific performance of contract, if there is any document executed. 3. you can file a complaint under section 200 and 156(3) for getting an FIR Registered against them.