by Shivendra Pratap Singh | May 15, 2025 | Civil Matter
Police officer is illegally interfering in my property and stopped the construction work. There is no dispute in regard of my property. Some property dealers are trying to cancel the allotment of land. Therefore, they are using the police force to fulfill their desire by illegal means. They are trying to grab my land by hook and crook. In this situation I have made a complaint to the superintendent of police, but he did nothing. I am not able to complete the construction work. Please suggest.
Asked from: Madhya Pradesh
A police officer has no right to interfere with a person’s property without a reasonable and legal cause. Such interference amounts to an infringement of the individual's right to privacy and other constitutional rights. Although the right to property is no longer a fundamental right, it remains a constitutional right.
If a state agency or its instrumentality is acting on behalf of a private individual, the aggrieved person has the right to approach the High Court under Article 226 of the Constitution of India. The High Court is empowered to issue a writ of mandamus and direct the state agency or its instrumentality to refrain from engaging in illegal acts.
Illegal interference by the police in an individual's property also violates the right to privacy, as established in Kharak Singh v. State of Uttar Pradesh (1962).
You should file a writ petition in the High Court under Article 226, seeking the issuance of a writ of mandamus against the concerned police officer. You should also provide evidence of the illegal interference by the police, as it will strengthen your case.
While deciding the writ petition, the High Court has the authority to grant compensation for any loss or injury caused by such illegal interference. The court may also award compensation for the infringement of fundamental rights. You should claim compensation on the ground that police officer which is state agency illegally interfering in my property.
Related: How to challenge illegal notice?
by Shivendra Pratap Singh | May 13, 2025 | Family Dispute
Husband making false claim of divorce in maintenance case filed under section 125 crpc. In that case he filed reply and stated that we have divorced, and marriage does not subsist. In that reply he also said that he pronounced talaq and informed me on phone. But he has no evidence to establish this fact. I am still legally wedded wife and never received any information about the talaq. He is making false claim and want to protect himself from maintenance.
Asked from: Uttar Pradesh
A divorced wife is also entitled to maintenance under Section 125 of the Code of Criminal Procedure. However, in this case, it seems that the husband is falsely claiming to have divorced his wife.
According to Muslim personal law, a husband must pronounce talaq either in front of the wife or in the presence of witnesses. In some cases, the information about talaq can be sent to the wife by post or through a special messenger. But in all cases, the husband must prove that talaq actually took place, as held in Shamim Ara v. State of U.P., (2002) 7 SCC 518.
Talaq can be oral or written. There is no specific form of words required. If the words clearly express divorce (called saheeh), then there is no need to prove intention. If the words are unclear or ambiguous (called kinayat), the intention to divorce must be proven. It is not necessary for the talaq to be pronounced in front of or directly to the wife. However, the words must show a clear intention to end the marriage.
Since your husband has no evidence to prove that he has given talaq. In this circumstances it can be easily said that your husband is making false claim of divorce. Therefore, your marriage is still valid. You are entitled to receive maintenance. The question of whether the marriage still exists cannot be decided under Section 125 of the CrPC. For that, you can file a civil suit in the Family Court to get a declaration about your marital status.
Related advice: Husband concealed his first marriage
by Shivendra Pratap Singh | Apr 26, 2025 | Service Matters
Member of DPC favoured a candidate in promotion and keeping him ahead to me. The DPC adopted grading method in preparing seniority list. That grading method also helps me to be at the second position in the seniority list. But the DPC deliberately keep me at the fifth position in the seniority list. When the tentative seniority list was published by the departmental promotion committee we filed objection against it. Our objections were considered by the DPC but once again manipulated the grading system and kept me at the fourth position in the final seniority list. The grading system does not give an unfettered right to the DPC to prepare seniority list. I specifically filed an objection against the final seniority list and also raised question against the favour of the member of DPC to the candidate who stood at the second position.
When I raised that objection the final seniority list was once again scrutinized by the DPC. The minutes of the DPC proceedings infer that when the name of XX was put for consideration the said member of DPC not sit. It is an attempt to show that seniority list has been prepared honestly. But after scrutinization of final seniority list my position came down and I have been kept at the fifth position. The promotion order has been passed on the very next day of publication of seniority list.
Asked from: Uttarakhand
When you raised an objection regarding the bias of one member of the Departmental Promotion Committee (DPC), that member abstained from the meeting when the candidate in question was considered. This shows that the member had a personal or vested interest in that candidate’s promotion. Your objection is valid.
If a DPC member has a personal interest in a candidate’s promotion, the entire promotion process becomes invalid. Additionally, the manipulation of the grading system to give extra weight to that candidate further proves that the DPC did not act impartially.
Every administrative and quasi-judicial action must be fair and free from bias. In matters of bias, it is not necessary to prove that the member is actually biased. If the member has a personal interest, there is a likelihood that he will not act fairly. This likelihood is enough to establish bias.
In the case of A.K. Kraipak and Others vs Union of India and Others, the Supreme Court held that all administrative and quasi-judicial decisions must follow the principles of fairness and natural justice.
One important rule of natural justice is that no one should be a judge in their own case. Even though the member was absent during the sitting when the candidate's name was considered, he may still have influenced the other members. This possibility cannot be ignored.
Therefore, the entire DPC proceedings and the resulting promotion order should be cancelled. You should file a writ petition in the High Court to quash the promotion order and request that the DPC process be conducted afresh. The minutes of DPC also proves that one member of DPC favoured a candidate in promotion.
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by Shivendra Pratap Singh | Apr 23, 2025 | Criminal Matter
Rape in false promise of marriage during ten years of relationship and later married to another woman. These are the gist of allegation made by a woman against me. She is a drug dealer in the vicinity of primary health centre. I am a doctor and employed in the Uttar Pradesh government, currently posted in PHC. Since, the lady is a drug dealer she used to visit the PHC. We have developed a good relationship. I have opened a hospital in the same town. Due to relationship I prefer to send patients to her medical store. She has been earning well due to my support. That lady spread a rumor in the vicinity that we will marry very soon.
When I saw that she is planning to do some illegal act or trying to blackmail me, I married to another woman. I have never promised her for marriage. Our relationship was consensual. I never reject that there was no sexual intercourse. Therefore, she lodge FIR for rape in false promise of marriage during the ten years of physical relationship. The police officer has lodged the FIR and carried on investigation. I am not able to go my hospital.
Asked from: Uttar Pradesh
The complainant is an adult and can understand the difference between right and wrong. At first glance, it appears that the sexual relationship was consensual. A physical relationship that lasted for ten years shows that there was no force, cheating, or fraud by the accused. The complainant continued this long-term relationship and never raised any complaints, which shows that she gave her consent willingly. In the case of Deepak Gulati vs State of Haryana (2013), the Supreme Court stated that:
If a woman agrees to have sexual intercourse because of love and not due to any false promises, then it must be seen differently. Sometimes, an accused may not be able to marry the woman due to unexpected or uncontrollable circumstances. In such cases, the accused can only be punished for rape if the court believes he had bad intentions and hidden motives from the beginning.
In this case, the complainant remained silent for ten years about the alleged sexual abuse. She spoke out only after learning that the accused had married someone else. These facts suggest that the sexual relationship was consensual. According to the law, consensual sex between two adults is not considered rape.
However, the police may still arrest you due to the current situation. You should file a writ petition in the High Court under Article 226 of the Constitution to seek protection from arrest. At this stage, it is not possible to quash the FIR because it was filed just after your marriage. Let the investigation proceed. If a charge sheet is filed without proper evidence, you can later approach the High Court to quash it (charge sheet) under Section 528 of the BNSS.
Also read: Can a complaint be dismissed for mentioning wrong section of law?
by Shivendra Pratap Singh | Apr 20, 2025 | Family Dispute
Husband concealed his first marriage and solemnised second marriage with me. I came to know about the fact of his first marriage when wife came to our residence in Delhi. She came along with her son. When this fact has been revealed I was shocked and started living separate from my husband. He is requesting to live with him and told that he has managed all things. My husband says that the lady is happy in village, and he has been sending money to her monthly. But I am not sure because it may be possible that he is telling a lie. What to do in these circumstances?
Asked from: Delhi
This is your husband's second marriage. He has already solemnised a first marriage, which remains valid. Your marriage has also been solemnised according to prevailing rites and customs. However, under Section 5 of the Hindu Marriage Act, neither party should have a living spouse at the time of marriage. If this condition is violated, the marriage is considered void under Section 11 of the Act. Therefore, your marriage is void ab initio—it is considered null and void from the very beginning and holds no legal standing.
According to Section 17 of the Hindu Marriage Act, any marriage between two Hindus solemnised after the commencement of the Act is void if, at the time of such marriage, either party had a living husband or wife. In such cases, the provisions of Sections 494 and 495 of the Indian Penal Code (IPC) apply. The act of bigamy is punishable under Section 494 of the IPC.
You should file a criminal complaint against your husband for the offence of bigamy, as well as a civil suit in the Family Court seeking a declaration that your marriage is void. Under the current circumstances, it is necessary to obtain such a declaration. If your marriage was solemnised by following valid ceremonies, then your husband has indeed committed the offence of bigamy.
However, if your marriage was not solemnised through valid ceremonies, or if you are regarded as a concubine rather than a legally wedded wife, then the offence of bigamy is not committed. In that case, you also cannot seek a declaration that the marriage is void. Legal action against your husband can only be pursued if your marriage was conducted in accordance with the established rites and customs of your community. You have to prove that husband has concealed his first marriage.
Also read: Wife is concealing her income and salary proof in maintenance case
