Advocate Varun Singh

Questions Answered by Advocate Varun Singh (25+ answers)

Q: Need to have legal opinion in false rape case

FIR was filed against me u/s 376, 328, 354D & 506 on February and I got arrested. After 8 months, got bail from HC. This month, in cross examination, prosecutrix confessed that all my evidences shown i.e. emails, whatsapp, sms, photos are genuine and sent by her only. Also she admitted her true phone no used for our communication. After cross, I submitted application for getting CDR with locations to further cross as she used to call me daily & visited my rented flat regularly for 3 months, before the alleged rape as well. ASJ rejected CDR application saying she is no way related to CDR and can't be questioned showing CDR! I need to know opinion of respected lawyers ... can she be further cross examined by showing CDR & location? If that happens, all her lies will be exposed. Please respond. Due to shortage of space, gave only min. details. Thanks in advance

Advocate Varun Singh answered
In your case CDR is very important to show your innocence. there is little for an accused generally in a criminal case for him defend or rely upon . You should take every step to show your innocence in the case , that too a documentary evidence like this is a foolproof case.

Q: How Supreme Court accept the SLP in Criminal Cases ?

How Supreme Court accept the SLP in Criminal Cases

Advocate Varun Singh answered
There should be serious error of law by the courts below or an important question of law is involved or a grave injustice is caused to one of the parties . It is Special Leave Petition . It can be considered in serious cases.

Q: What is married daughter's share in her late father's property, advise

Sir i am 68 years old 75% disabled ex-serviceman pensioner and cannot move without crutches living in a rented house on the mercy of my son. He is 35 years and has refused to marry until has his own house. My wife has one younger and two free hold houses in delhi (300 Sq meter and 200 Sq meter) He is residing in 300 Sq meter with two daughters, wife and mother since father expired in 2004. My wife is very docile and too scared to talk to them asking for a place to reside whereas at least 06 floors can be constructed in both houses. It is pertinent to mention that the second house was given on rent to a businessman in 1960's and could not get it vacated for decades and then requested my consent since there is some law that a disabled ex-soldier is entitled to get the premises for self use but after vacating orders in around 1999 they have given it on rent again. Is there any solution Ethical , Moral , Social or legal. Regards

Advocate Varun Singh answered
A married has equal share in her fathers property along with her brother. She can claim this property by filing a partition suit in the appropriate court of law having jurisdiction over the subject matter

Q: Can husband file for divorce on grounds of cruelty against wife

If I file a petition of cruelty on my wife, can I get divorce successfully?

Advocate Varun Singh answered
Yes you can do so under section 13 1 (a) of the Hindu Marriage Act . Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .

Q: Is cancellation of marriage of marriage possible

Sir/Ma'am, I got married 2 years ago without the permission of my of my wife's parents. Later they said the get this marriage cancelled and we will remarry you in front of society. We got our marriage cancelled in Registrar's court in Ghaziabad. I have doubts that this proceeding and I want to know if this is valid and legal

Advocate Varun Singh answered
divorce can only be granted by court and there is no procedure for cancelling in the registrars office . Divorce can be taken only in accordance with the law contained in hindu marriage act . It can either be mutual or contested.