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Messages - advjaibansal

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Dear Sir

Even if the order is bad, the same will be looked by the disciplinary  committee. Certainly the committee can after issuing show cause notice and following the procedure can chargesheet the officers. If you have any grievance against the acting or constitution of the committee or any other technical issues, you can file a writ petition in the Hon'ble high court. Can do or cannot do can be also seen by the High Court.


Divorce Laws / Re: Word 'Impotent' For a Man Amounts to Defamation
« on: February 04, 2019, 07:16:49 PM »
calling the husband impotent in private is no defamation. calling the husband in public before lot of people or even couple of people is defamation. you don't need any judgment. all you need the witness statement before the court stating that wife has called you impotent before them.


Dear Sir,

Case by old aged parents are maintainable if they have no source of income to support themselves. children are under obligation to support them and pay for maintenance. you may contest the case on your own or retain lawyers, family court will not have any objection in both. Please file your reply and take all the objections and contest the case.


Property laws / Re: Property Sale and mutation
« on: February 04, 2019, 07:13:08 PM »
Dear Sir,

Registration is not required. You can get the mutation done for the property on the basis of death certificate and nomination. Please visit the concerned municipal corporation to find about the time it may take. complete the process. once mutation is done I hope you are able to sell the property if there is no objections.


Property laws / Re: Son’s contribution towards parental property
« on: February 04, 2019, 07:11:07 PM »
Dear Sir,

Along with your sister you have 25% share in the property. As there are four legal heirs. But in order to prevent the sale and possession, you should challenge the WILL by filing a suit for declaration. The proceedings may take time and in the mean while you may continue to enjoy the property.


Property laws / Re: Your suggestion on Property case
« on: February 04, 2019, 07:08:59 PM »
Dear Sir,

To advise property, we need to see the notarised document executed by her in your favour. Only after looking at the documents one can say, whether you have any right title or interest in the property. If there is none then you can simply file for a suit for recovery and get your money back with interest.


Lawyers in India / Re: Need lawyer to help me
« on: January 28, 2019, 08:05:17 PM »
you need to file a criminal case or civil case through power of attorney executed to person in India. On the basis of power of attorney you can file the said case upon that person who had taken money or cheated on you.


« on: January 28, 2019, 08:02:48 PM »
W.P. (C) 2808/2017

W.P.(C) 128/2019 & CM APPL.660/2019

ANR. ..... Petitioners
Through: Mr Jai Bansal, Advocate.


Through: Mr Hetu Arora Sethi, ASC
GNCTD with Mr Siddharth Agarwal, Advocate.




1. The petitioners have filed the present petition, inter alia,
praying that respondents be directed to issue a handwritten or typed
certificate of marriage in respect of their marriage.

2. Petitioner no.1 is a Canadian Citizen and petitioner no.2 is a
British Citizen. Both the petitioners are working with the British High
Commission, New Delhi since 19.02.2017.

3. There is no controversy that the marriage of two foreign citizens
can be registered under the Special Marriage Act, 1954 (hereafter ‘the
Act’) and the petitioners were married in terms of the Act. However,
the certificate of their marriage has not been issued as the software
used by the respondents does not accept the data regarding marriage of
two foreign citizens.

4. The present controversy arises in the following context:

5. The petitioners are residents in New Delhi since 19.02.2017,
and, on 31.10.2018, they had filed an application for registration of
their marriage under the Act. However, their application was not
accepted as the procedure now required the applicants to seek an
online appointment for registration and a request for the same is not
accepted without the applicants filling in the detail of their Aadhar
Card. Since, the petitioners did not, at the material time, have an
Aadhar Card, they sought a waiver of the requirement of seeking an
online appointment. It is stated that they have not received any
response to their request as yet.

6. In the meanwhile, the petitioner no.1 applied for Aadhar Card
and after issuance of the Aadhar Card Number, she applied for online
appointment for registration of her marriage with petitioner no.2. The
petitioners were given an appointment on 26.11.2018.

7. On 26.11.2018, petitioners appeared before the Registrar of
Marriages and their application was accepted after payment of fees of
₹500/-. Notice of their marriage was accepted and was also placed on
the notice board of the Registrar of Marriages (respondent no.1). A
copy of the said notice was also sent to the British High Commission
for inviting any objection. Respondent no.1 fixed 28.12.2018 as the
date for registration of the marriage.

8. On 28.12.2018, the petitioners appeared before respondent no.1
and signed a declaration in the form as provided in the Third Schedule
of the Act.

9. The petitioners further assert that they also made the declaration
as required under Section 12 of the Act. It is also not disputed that the
Registrar of Marriages duly informed the petitioners that they were
married. The petitioners also exchanged rings in his presence and in
presence of the witnesses.

10. Subsequently, the petitioners were informed that the system is
not accepting their citizenship details as indicates that at least one
party has to be an Indian Citizen. Since, both the petitioners were not
Indian citizens, the software did not accepted their details for
generation of a certificate of marriage.

11. The learned counsel appearing for respondents does not dispute
that the marriage between two foreigners cannot be registered under
the Act. Thus, clearly, the software being used by the respondents for
generation of the certificate and/or for maintaining the records of the
marriages requires to be modified. Clearly, the issuance of the
marriage certificate as per the Act cannot be withheld on account of
the software being used by the respondents for the said purpose.

12. Sections 12 and 13 of the Act are relevant and are set out
“12. Place and form of solemnization.—
(1) The marriage may be solemnized at the office of the
Marriage Officer, or at such other place within a
reasonable distance therefrom as the parties may desire,
and upon such conditions and the payment of such
additional fees as may be prescribed.

(2) The marriage may be solemnized in any form
which the parties may choose to adopt:
Provided that it shall not be complete and binding
on the parties unless each party says to the other in the
presence of the Marriage Officer and the three witnesses
and in any language understood by the parties,—“I, (A),
take the (B), to be my lawful wife (or husband).”

13. Certificate of marriage.—(1) When the marriage
has been solemnized, the Marriage Officer shall enter a
certificate thereof in the form specified in the Fourth
Schedule in a book to be kept by him for that purpose
and to be called the Marriage Certificate Book and such
certificate shall be signed by the parties to the marriage
and the three witnesses.

(2) On a certificate being entered in the Marriage
Certificate Book by the Marriage Officer, the Certificate
shall be deemed to be conclusive evidence of the fact
that a marriage under this Act has been solemnized and
that all formalities respecting the signatures of witnesses
have been complied with.”

13. Admittedly, the marriage between the petitioners have been
solemnized and further, the petitioners have also made the declaration
as required in terms of the proviso to Sub-section (2) to Section 12 of
the Act.

14. In view of the above, the respondent is required to issue a
certificate in the form as set out in the Fourth Schedule of the Act.

15. In view of the above, the present petition is allowed and the
petitioners along with witnesses are required to appear before
respondent no.1 on 29.01.2019 at 10:30 a.m. Respondent no.1 is
directed to issue a Certificate of Marriage in the form as specified in
the Fourth Schedule and also ensure that a copy of the same as well as
other necessary details are preserved in the records maintained at his

16. The respondents are further directed to take the necessary steps
for modification of the software being used for registration of
marriages and issuance of certificates. The details of the marriage
between the petitioners shall be entered into by respondent no.1 as and
when the software is modified without the presence of the petitioners
or the witnesses.

17. The petition is disposed of in the aforesaid terms. The pending
application is also disposed of.

18. Order dasti under the signature of Court Master

JANUARY 14, 2019

Property laws / Re: Validity of POA in another State
« on: January 23, 2019, 04:31:44 AM »
stamping before the collector of stamp is must for using the power of attorney executed in another state.

Property laws / Re: Daughter's Right in Father's Acquired Property!
« on: January 23, 2019, 04:30:49 AM »
Dear Maam,

During the life time of your father you have no right on the property. After his demise, if has not given you anything, you can file suit for partition or even challenge the WILL executed in favour of your brother seeking your share in the property.


Criminal laws / Re: Electronic Record
« on: January 23, 2019, 04:28:33 AM »
Certificate under section 65B by police officer is more than sufficient to prove the electronic record.

Property laws / Re: Validity of POA in another State
« on: January 22, 2019, 08:33:45 PM »
you don't have to register but you need to get the stamping done on the power of attorney in the state where it is suppose to be used. stamping is equivalent to registration.


Employment laws / Re: Employment visa for my spouse of foreign origin
« on: January 22, 2019, 08:32:11 PM »
Dear Sir,

Certainly if spouse visa is not permitting your wife to work in india, she cannot work. Please apply for conversion of visa which will allow your wife to work in india.


Employment laws / Re: Non acceptance of resignation
« on: January 22, 2019, 08:31:09 PM »
acceptance is not that relevant as you have already tendered your resignation as per the rules of the appointment. Please write another email to them that as per their oral conversation it is not possible to extend your date of last working day after notice as you have to join the new employment. I am certain that they will understand and not create any problem.

Criminal laws / Re: Replacing Original Document at Police Station
« on: January 22, 2019, 08:29:08 PM »
no legal action can be taken based on the averments you have made. it may help you during the trial of the case before the court only. As if now take bail if FIR is registered.

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