Query : I have filed a case for dissolution of marriage/divorce on the ground of mental cruelty because my wife was making written false complaints to various authorities, will I succeed ?

Answer: For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree…

Query: Can the cooling off period mentioned in Section 13-B (2) of the Hindu Marriage Act, 1955 be waived of for the purposes of allowing divorce.

Answer: The cooling of period mentioned in section 13-B (2) of the Hindu Marriage Act, 1955 is directory and not mandatory, still it can be waived subject to fulfillment of certain conditions as mentioned in the judgement of the Honourable Supreme Court of India in the case, Amardeep Singh Vs Harveen Kaur, 2017 (4) RCR…

Query: My Counsel failed to produce certain important documents at the time of filing written statement can, I produce the same after the issues have been framed now.

Reply: Production of additional documents not filed along with the written statement is against Order 8, Rule 1A(3) CPC which states that a document which is not produced at the time of filing written statement, shall not be received in evidence except with the leave of the court. This leaves can be granted by the…

Query: My Passport is not being issued by the passport authorities due to pendency of FIR and Criminal Trial in District Court in Punjab. Can I get my passport issued?

Advice: In a recent judgment  pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to…

Question: Can the High Court appoint Suo Motu arbitrator in the contractual dispute ?

Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint  arbitrator…

2. Question: I am a senior citizen having my own built up house at Chandigarh wherein my son and daughter-in-law have occupied its portion. They are not vacating the premises and harassing us. Being senior citizens, we wants to evict them from our house. What are our legal rights ?

Answer: Section 22 of Maintenance and Welfare of Parents and Senior Citizens Act permits the eviction of the house property from the daughter-in-law/son as they have  no right to claim residence over self acquired property of her father/mother-in-law. As per settled law, daughter-in-law has no right to claim a right of residence over the self…

Does the payment of 20% of the amount of the cheque as per amendment in the Negotiable Instruments Act, 1881 under Section 143 A applicable to cases pending prior to the amendment also ?

Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country.…