Advocate Vasudev Singh

Questions Answered by Advocate Vasudev Singh

Q: Seeking alimony against the loss incurred due to marriage.

Respected Ma'am/Sir, With due respect, I would urge you to e me a concrete solution towards settling down my case.The core reality of my case is that my husband is impotent. Besides,he is gay. I lived with him and in-laws till 14 months.In those 14 months, marriage wasn't consumerated.How to get atleast, bit relief atleast,in terms of seeking divorce with a reasonable alimony? I simply want to get thecompensation against expenses incurred by family on marriage & the time,I was there. Regar

Advocate Vasudev Singh answered
Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, a marriage may be dissolved by a decree of divorce on the ground of cruelty. Indian courts have, in appropriate cases, recognised prolonged non-consummation of marriage, particularly where attributable to the conduct, incapacity, or deliberate denial by a spouse, as constituting mental cruelty.From the facts narrated by you, the allegation that the marriage remained unconsummated for approximately 14 months is a relevant circumstance for seeking divorce under Section 13(1)(ia) (if the Hindu Marriage Act is applicable in your case), and appropriate monetary relief in the form of maintenance/alimony can be claimed before the Family Court.However, the exact and complete details of marriage are required to provide you with a conclusive solution in the present case.You are advised to seek appropriate legal assistance in this regard. For any further clarification or assistance, you may contact my office.

Q: Question regarding Criminal intimation

Criminal intimation (threat to my life) in Delhi is COGNIZABLE or not? Police can register FIR or not in this section? Without magistrate order

Advocate Vasudev Singh answered
Criminal Intimidation is recognised as an offence under Section 351 of the Bharatiya Nyaya Sanhita, 2023, which deals with threats to life as well. Where the threat involves death or grievous harm, it falls within the ambit of Section 351(3).However, an offence under Section 351(3) is NON-COGNIZABLE. Accordingly, the police are not empowered to register an FIR or initiate an investigation on their own. The appropriate course is to file a complaint under Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the jurisdictional police station.Upon such a complaint being filed, the Magistrate may examine the matter and, if satisfied, direct the police to investigate. The maximum punishment for criminal intimidation under Section 351(3) of Bharatiya Nyaya Sanhita, 2023, is up to 7 YEARS, along with a fine.You are advised to seek appropriate legal assistance in this regard. For any further clarification or support, you may contact my office.