General informational answers on family law, criminal law, cheque bounce, arbitration, property law, and more — for individuals navigating the Indian legal system in Delhi.
Important Notice: The answers below are for general informational purposes only and do not constitute legal advice. Laws and judicial interpretations may change. Please consult a qualified advocate for advice specific to your matter.
This page provides general informational answers to 60 commonly asked legal questions across 10 areas of law — compiled for individuals seeking to understand the Indian legal system. These answers are not legal advice and do not create an advocate-client relationship. For advice on your specific matter, please contact our office.
ASK Law Xperts is located at F-1/7, Sector-11, Rohini, Delhi-110085. Our advocates are also available for meetings at their chambers in various Delhi District Courts — including Rohini, Karkardooma, Saket, Tis Hazari, and Dwarka courts — depending on the requirements of your matter.
You may reach us at: +91-9999374141 or +91-7599923456 — Monday to Saturday, 9:30 AM to 7:30 PM sanjaykumarji@gmail.com You may also fill in the contact form on our Contact Us page.
We handle matters including: matrimonial disputes (divorce — contested and mutual, maintenance, domestic violence, child custody, guardianship, adoption), criminal trials and bail applications, cheque bounce cases under Section 138 NI Act, consumer protection cases, motor accident claims (MACT), civil suits, writ petitions before the Delhi High Court under Article 226, arbitration proceedings (as counsel and as Sole Arbitrator), and property matters. See our Practice Areas page for the full list.
You may call us at +91-9999374141 or +91-7599923456 during office hours (Monday to Saturday, 9:30 AM to 7:30 PM) to speak with our office. You may also email us at sanjaykumarji@gmail.com with a brief description of your matter. We will revert to confirm a convenient date and time. Please carry all relevant documents relating to your matter at the time of your visit.
Please bring all documents relevant to your matter. For matrimonial matters: marriage certificate, identity proofs, any prior court orders, and relevant correspondence. For criminal matters: FIR copy, bail order if any, and relevant documents. For cheque bounce: dishonoured cheque, bank memo, demand notice, and reply if any. For consumer matters: purchase receipts, warranty documents, correspondence with the company. The more documents you bring, the more precise our initial assessment can be.
Fee structures are either a lump-sum for the entire matter or a per-hearing fee, depending on the nature, complexity, and forum of the case. The fee structure is explained at the outset of engagement. Pro bono assistance is also available to clients who are genuinely unable to afford legal fees. There are no hidden charges.
Our primary courts of practice are Delhi District Courts (all 11 districts), Delhi High Court, the Supreme Court of India, Consumer Forums, MACT, and Arbitral Tribunals in Delhi. For matters in courts outside Delhi, we may associate with local counsel in the relevant state. Please contact us to discuss the specific requirements of your matter so we can advise on the most appropriate approach.
Our advocates are comfortable communicating in Hindi and English. We also understand and communicate in Punjabi and conversational Urdu, which is helpful for clients from diverse backgrounds across Delhi and the NCR region. Our website also supports translation into Hindi, Punjabi, and Urdu through the GTranslate feature.
Generally, both parties must appear in court in divorce proceedings — particularly for statement recording and examination. In mutual consent divorce under Section 13B HMA, both parties must appear for filing the joint petition and for recording their statements at the time of the second motion. However, in special circumstances such as serious illness or residing abroad, courts have permitted representation by power of attorney or video conferencing in specific stages of the proceedings.
India does not have a uniform matrimonial property regime that automatically gives a wife a share in the husband's self-acquired property upon divorce. The wife is entitled to permanent alimony and maintenance under Section 25 HMA, and the court considers the standard of living, duration of marriage, and financial circumstances when determining the quantum. The wife also retains her stridhan (gifts, jewellery received before, during, and after marriage). Property disputes are addressed through separate civil proceedings.
A foreign divorce decree is valid in India only if: (a) the court that passed it had jurisdiction over the parties, (b) both parties were ordinarily resident or domiciled in that country at the relevant time, (c) both parties received proper notice and had opportunity to participate, and (d) the decree was not obtained by fraud. A decree obtained ex parte without participation of the other party — particularly a "postal divorce" or one obtained by one party alone — is generally not recognised in India and may not be valid under Indian law.
No. Remarrying before a divorce decree becomes final is the offence of bigamy under Section 80 of the Bharatiya Nyaya Sanhita 2023 (formerly Section 494 IPC), punishable with imprisonment up to 7 years and fine. Under Section 15 HMA, a divorced person may remarry only after: (a) no appeal has been filed and the period for appeal has expired, or (b) if an appeal was filed, after it has been dismissed. Attempting to circumvent this through a void ceremony or customary rites does not remove criminal liability.
Live-in relationships are not specifically legislated in India, but courts have progressively recognised certain rights. Under the PWDVA 2005, a woman in a "relationship in the nature of marriage" (as defined by the Supreme Court in Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755) is entitled to protection from domestic violence. Children born of live-in relationships are entitled to maintenance. However, inheritance rights of live-in partners and the right to maintenance under Section 144 BNSS depend on the specific facts and the nature of the relationship. These matters are still evolving through judicial decisions.
As per the Supreme Court's guidelines in Rajnesh v. Neha, (2021) 2 SCC 324, both parties must file an affidavit of assets, income, and expenditure in maintenance proceedings. If the husband conceals income in this affidavit, it constitutes perjury — punishable under Section 191 BNS (formerly Section 193 IPC). Courts also draw adverse inferences from suppression of income documents (salary slips, IT returns, bank statements). The court has the power to determine maintenance based on the husband's lifestyle and expenditure if income is not fully disclosed.
Both parents are responsible for a child's welfare, education, and medical expenses. In custody and maintenance proceedings, courts typically include a component for education and medical expenses in the maintenance amount. Courts may also direct the non-custodial parent to pay the child's school fees directly to the school or to maintain health insurance for the child. The specific allocation depends on the financial circumstances of both parents and the child's needs.
Yes. Stridhan — which includes gifts, jewellery, and valuables received by the wife before, during, or after marriage from her parents, in-laws, or any other person — belongs exclusively to the wife. Retention of stridhan by the husband or his family members is a criminal offence of criminal breach of trust under Section 316(2) BNS (formerly Section 406 IPC). The wife may file a criminal complaint as well as a civil suit for recovery of stridhan. Under the PWDVA 2005, the Magistrate may also direct return of stridhan as part of monetary relief.
Yes. Following the Supreme Court's decision in Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, the word "adult male" was struck from the definition of "respondent" in the PWDVA 2005. A domestic violence complaint can now be filed against female relatives (such as mother-in-law and sister-in-law) and non-adult males who have abetted or committed acts of domestic violence. The complaint is in addition to any criminal complaint that may be filed under Section 85 BNS / 498A IPC for cruelty.
Yes. The Special Marriage Act 1954 provides a secular framework for marriages between persons of any religion or caste. The Supreme Court in Lata Singh v. State of U.P., (2006) 5 SCC 475 held that the right to marry a person of one's choice is protected under Article 21 of the Constitution. Couples facing threats of honour-based violence may approach the Delhi High Court or the local police for protection under the directions issued by the Supreme Court in Shakti Vahini v. Union of India, (2018) 7 SCC 192. Protection petitions may also be filed before the Delhi High Court.
If a police officer refuses to register an FIR for a cognisable offence, the following remedies are available: (1) Complaint to the Superintendent of Police under Section 173(4) BNSS (formerly Section 154(3) CrPC) — the SP may direct registration; (2) Complaint to the Magistrate under Section 223 BNSS (formerly Section 200 CrPC) — the Magistrate may take cognizance and direct the police to investigate; (3) Writ petition before the Delhi High Court under Article 226 for a direction to register the FIR. The Supreme Court in Lalita Kumari v. Government of U.P., (2014) 2 SCC 1 has held that registration of FIR is mandatory for cognisable offences and police cannot refuse.
Yes. An FIR — or criminal proceedings — may be quashed by the High Court under Section 528 BNSS (formerly Section 482 CrPC) which preserves the inherent powers of the High Court to prevent abuse of process or secure the ends of justice. Common grounds for quashing include: the allegations do not disclose a cognisable offence, the matter is purely civil in nature, the complaint is filed with a mala fide motive, or both parties have reached a compromise (in compoundable offences). The Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604 laid down the principles governing quashing of FIRs — these continue to apply under BNSS.
Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985 imposes twin conditions for bail in NDPS cases involving "commercial quantity": (a) the Public Prosecutor must be given an opportunity to oppose bail, and (b) the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit a similar offence while on bail. These twin conditions make bail under NDPS Act significantly more restrictive than in ordinary criminal cases. Bail in NDPS matters requires thorough preparation and presentation of specific grounds.
POCSO Act offences are non-bailable. Bail in POCSO cases requires an application before the Sessions Court or High Court. Courts scrutinise such applications carefully given the gravity of the offences — the nature of the allegations, age of the victim, risk of tampering with evidence or influencing the victim, and the accused's antecedents are all considered. Bail is not automatically refused but the court applies strict scrutiny. Each case must be evaluated on its specific facts and appropriate grounds must be presented with supporting material.
Yes. Under Article 20(3) of the Constitution of India, no person accused of an offence shall be compelled to be a witness against themselves. Under Section 351 BNSS (formerly Section 313 CrPC), when an accused is examined by the court after the prosecution evidence is complete, they have the right to refuse to answer any question. An accused's silence or refusal to answer cannot be treated as admission of guilt. A confession made to a police officer is not admissible in evidence under Section 25 of the Bharatiya Sakshya Adhiniyam 2023 (formerly Section 25 Indian Evidence Act).
A person falsely implicated in a Section 498A / 85 BNS case may: (1) Apply for anticipatory bail before arrest; (2) File an application for quashing the FIR / chargesheet before the Delhi High Court under Section 528 BNSS; (3) Rely on the Arnesh Kumar guidelines to prevent arbitrary arrest; (4) Explore compounding if the parties wish to settle — though Section 498A was not compoundable earlier, the Supreme Court in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 allowed quashing on compromise. It is important to engage an advocate immediately on receipt of any intimation or notice related to a criminal complaint.
Under the Limitation Act 1963 read with BNSS / CrPC: an appeal against conviction from a Magistrate court to the Sessions Court must be filed within 30 days of the date of sentence; against a Sessions Court order to the High Court — within 60 days. An application for leave to appeal to the Supreme Court must be filed within 90 days. Courts have discretion to condone delay on sufficient cause being shown, but the application for condonation must explain every day's delay. Engaging an advocate promptly after conviction is essential to protect appellate rights.
The duration of an anticipatory bail order has been settled by the Supreme Court Constitution Bench in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1. The court held that anticipatory bail, when granted, can be for an unlimited period and need not be restricted to any fixed time. It operates until the regular bail is considered after arrest, and the court granting anticipatory bail may impose any conditions deemed necessary. However, the order can be cancelled by the appropriate court if the conditions are violated.
Yes. Under Section 138 NI Act, each dishonoured cheque constitutes a separate cause of action. Each cheque requires a separate demand notice and, if payment is not made, a separate complaint before the Magistrate. However, if multiple cheques are dishonoured by the same drawer in favour of the same payee, the complaints may be filed together and the Magistrate may consolidate the trials. The jurisdiction for all complaints will be the same — the court within whose jurisdiction the payee carries on business or resides.
Yes. A criminal complaint under Section 138 NI Act and a civil suit for recovery of the cheque amount are independent remedies and may be pursued simultaneously. The criminal complaint is for punishing the dishonesty in issuing a cheque without sufficient funds; the civil suit is for recovery of the debt. There is no bar to pursuing both. Courts may, depending on the stage of proceedings and if a settlement is reached in the civil suit, consider compounding the criminal complaint — but they are independent proceedings.
The Supreme Court has held that even a cheque given as security — if it is dishonoured — can attract liability under Section 138 NI Act, provided all the conditions (demand notice, failure to pay within 15 days, etc.) are met. However, the drawer may raise the defence that the cheque was not given in discharge of a legally enforceable debt or liability. The burden of proving this defence lies on the drawer, because Section 139 NI Act raises a presumption that the cheque was given for a legally enforceable debt unless the contrary is proved.
Yes. Under Section 141 NI Act, if the person committing the offence under Section 138 is a company, every person in charge of and responsible to the company for the conduct of its business at the time of the offence is also deemed to be guilty of the offence and may be prosecuted along with the company. Directors, officers, or managers who were responsible can be made accused. However, a director who proves that the offence was committed without their knowledge or that they exercised due diligence to prevent its commission may be discharged.
Under Section 148 NI Act (as amended in 2018), if an accused convicted under Section 138 NI Act files an appeal against conviction or sentence, the appellate court shall order the accused to deposit a minimum of 20% of the fine or compensation awarded by the trial court (in addition to any interim compensation already paid under Section 143A). This amount may be directed to be released to the complainant during pendency of the appeal. Failure to deposit may result in the appeal not being entertained.
If your insurance claim has been wrongfully repudiated, you may: (1) File a complaint before the Insurance Ombudsman — a free, quick, and binding process for disputes up to Rs. 50 lakhs; (2) File a consumer complaint before the appropriate DCDRC, SCDRC, or NCDRC under CPA 2019 for deficiency in service; (3) File a civil suit for recovery of the claim amount with interest and damages. The insurer must give specific reasons for repudiation. Vague or blanket repudiation is not accepted by consumer forums or courts.
Compensation in MACT claims is calculated using the formula settled by the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. For death cases, the key components are: annual income of the deceased (after deducting personal expenses of 1/3rd for a married person with dependents) multiplied by the relevant multiplier based on age. Future prospects are added (40% for persons employed below 40 years, 25% for 40-50 years, 10% for 50-60 years). Conventional amounts are added for loss of estate (Rs. 15,000), funeral expenses (Rs. 15,000), and loss of consortium (Rs. 40,000 each for spouse, parents, and children).
Yes. Unauthorised transactions, ATM fraud, deficiency in banking services, and wrongful deduction from accounts constitute deficiency in service under CPA 2019. You may file a complaint before the appropriate Consumer Commission (DCDRC if claim is up to Rs. 50 lakhs). Before filing a consumer complaint, you should: report the transaction to the bank immediately and in writing, file a complaint with the Banking Ombudsman (free of cost), and approach the RBI if the ombudsman's order is unsatisfactory. You may also file a cyber crime complaint with the police for ATM fraud.
Both forums are available and remedies may be pursued concurrently. RERA Delhi (under the Real Estate Regulation and Development Act 2016) is the preferred forum for: delay in possession, non-registration of sale deed, deviations from sanctioned plan, and possession-related disputes. Consumer Commissions (DCDRC / SCDRC / NCDRC) are available for: deficiency in service, compensation for mental agony, unfair trade practices, and where the value of the claim determines the appropriate commission. RERA orders are faster in execution and RERA penalties on builders are stricter. Consulting an advocate before choosing the forum is advisable.
You have two options: (1) Third-Party Insurance Claim — file a claim against the at-fault driver's third-party insurance. Report the accident to the police (file FIR or MLC), obtain the other vehicle's insurance details, and file a claim before the insurance company or approach the MACT for compensation; (2) Own Damage Insurance Claim — if your vehicle is insured under a comprehensive policy, file an own-damage claim with your insurer. If the insurer wrongfully repudiates the claim, you may file a consumer complaint before the appropriate Commission. Keep all documents: FIR copy, photographs of damage, repair bills, and medical reports if injured.
A Power of Attorney (POA) may be general (for all acts) or special (for a specific purpose or transaction). A revocable POA can be cancelled at any time by the principal by executing a Deed of Revocation and notifying the attorney-holder and third parties who have relied on it. An irrevocable POA — typically one coupled with an interest — cannot be revoked. A POA is automatically revoked on the death, insolvency, or insanity of the principal. For transactions involving immovable property, a registered POA is necessary. Sale of immovable property through a POA without a registered sale deed is not a valid transfer of title under the Transfer of Property Act 1882 and the Supreme Court's decision in Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656.
Under the Hindu Succession (Amendment) Act 2005, daughters have equal rights as sons in ancestral (coparcenary) property. The Supreme Court in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 (Constitution Bench) held that a daughter's right as a coparcener is by birth — regardless of whether the father was alive on the date of the 2005 amendment or not. A daughter may file a partition suit before the Civil Court to claim her share in ancestral property. Her right is equal to that of a son — both in the joint family property and in the property inherited from a deceased Hindu male who died intestate (without a will).
Under the Delhi Rent Control Act 1958, eviction of a tenant is permissible only on specified grounds, including: (1) Non-payment of rent; (2) Subletting without the landlord's consent; (3) Use of the premises for a purpose other than the one for which it was let; (4) Nuisance or annoyance to neighbours; (5) The landlord requires the premises in good faith for their own occupation or that of their family (bona fide need); (6) The building requires demolition for reconstruction; (7) The tenant has built, acquired, or is in possession of a reasonably suitable residential accommodation in Delhi. Note: The Delhi Rent Control Act applies to premises whose monthly rent does not exceed Rs. 3,500. Properties above this rent are generally not covered by the Act.
Yes. Under the Specific Relief Act 1963 (as amended in 2018), if a seller refuses to execute a sale deed pursuant to a valid agreement for sale, the buyer may file a suit for specific performance before the Civil Court to compel the seller to complete the transaction. Following the 2018 amendment, specific performance has become the rule rather than the exception — courts are required to grant specific performance unless it is impractical or impossible to enforce. The suit must be filed within 3 years of the date fixed for performance, or if no date is fixed, within 3 years of the demand for performance. A registered agreement for sale and proof of readiness and willingness to perform are essential.
An injunction is a court order that either restrains a party from doing a certain act (prohibitory injunction) or compels a party to do a certain act (mandatory injunction). Types include: (1) Temporary injunction — granted during pendency of the suit under Order 39 CPC, requiring proof of: prima facie case, balance of convenience in your favour, and irreparable injury if the injunction is not granted; (2) Permanent injunction — granted at the conclusion of the suit. Applications for temporary injunctions can be moved on an urgent basis (ex parte in special cases) before the Civil Court or Delhi High Court. Injunctions are granted in property disputes, intellectual property matters, and wherever threatened harm is immediate.
The three new criminal law codes came into force on 1 July 2024: Bharatiya Nyaya Sanhita 2023 (BNS) replaced the Indian Penal Code 1860 (IPC) — defines offences and prescribes punishments. Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure 1973 (CrPC) — governs criminal procedure. Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act 1872 — governs admissibility of evidence. The IPC, CrPC, and IEA continue to apply to offences and proceedings that occurred or were initiated before 1 July 2024.
Arbitration offers several advantages over conventional litigation: (1) Confidentiality — arbitral proceedings are private, unlike court proceedings which are generally public; (2) Speed — the A&C Act 1996 mandates that awards be made within 12 months of the arbitrator entering upon the reference (extendable to 18 months by consent); (3) Finality — awards are final and binding with very limited grounds for challenge; (4) Party autonomy — parties choose the arbitrator, seat, language, and procedure; (5) Enforceability — arbitral awards are enforceable as decrees of courts. However, arbitration can be expensive in complex matters, and is most suitable for commercial and civil disputes with arbitration clauses.
Generally no. Under Section 8 of the A&C Act 1996, if a party to an arbitration agreement files a suit in court, the other party may apply to the court to refer the dispute to arbitration. The court shall refer the matter to arbitration unless it finds that the arbitration agreement is null and void, inoperative, or incapable of being performed. This provision is mandatory — courts have little discretion once a valid arbitration agreement is shown. Section 9 relief (interim measures) may still be sought in court even where an arbitration clause exists.
Under Section 36 of the A&C Act 1996, an arbitral award — after the period for making a Section 34 application has expired, or after a Section 34 application has been refused — is enforced as a decree of the court. Enforcement is by filing an execution petition before the appropriate civil court. All modes of execution available under Order 21 CPC — attachment and sale of property, arrest and detention, appointment of receiver — are available. Filing of a Section 34 application does not automatically stay enforcement; a separate stay application must be made.
Yes. Under Section 9 of the A&C Act 1996, a party may apply to the court for interim measures of protection before, during, or after arbitral proceedings. Before the arbitrator is appointed, Section 9 is the primary route — the court may grant interim injunctions, order preservation of assets, appoint a receiver, or grant any other protective relief. Once the arbitral tribunal is constituted, the arbitrator also has powers under Section 17 to grant interim measures. Section 9 application is filed before the Delhi High Court or appropriate civil court depending on the seat of arbitration and value of the claim.
If parties fail to agree on the appointment of a sole arbitrator within 30 days of a request by one party, either party may apply to the Delhi High Court (or appropriate High Court based on seat) under Section 11(6) of the A&C Act 1996 for appointment of an arbitrator. Following Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760, a clause giving one party the unilateral right to appoint the sole arbitrator is invalid. The High Court then appoints a suitable independent arbitrator. ASK Law Xperts can assist both in making and opposing such applications, and Adv. Sanjay Kumar is available for appointment as Sole Arbitrator.
Key changes in BNS 2023 include: (1) Sedition offence (Section 124A IPC) has been removed; instead, Section 152 BNS introduces a broader offence of "acts endangering sovereignty, unity, and integrity of India"; (2) Organised crime and terrorist acts are now codified in BNS; (3) Section 69 BNS creates a new offence of sexual intercourse by deceit (promise to marry without intention); (4) Snatching has been specifically codified as a distinct offence; (5) All sections have been renumbered — e.g., murder (S.302 IPC) is now S.101 BNS; culpable homicide (S.304 IPC) is now S.105 BNS; rape (S.376 IPC) is now S.63 BNS; Section 498A IPC becomes Section 85 BNS. The substantive definitions and punishments are largely similar with some modifications.
Key new features in BNSS 2023 include: (1) Timelines for trial completion — Section 346 BNSS mandates that the first hearing in a sessions trial be held within 60 days of commitment; (2) Mandatory video conferencing for specified stages including examination of victims and witnesses; (3) Zero FIR — Section 173(1) BNSS codifies the zero FIR concept (filing at any police station regardless of jurisdiction), which is then transferred to the appropriate station; (4) Police custody — may now be granted in parts within the first 40-day period of remand, not necessarily the first 15 days; (5) Trial in absentia of proclaimed offenders is now codified; (6) Mandatory recording of reasons for not arresting an accused in cases where arrest is not warranted.
The Bharatiya Sakshya Adhiniyam 2023 significantly modernises the treatment of digital evidence. Under Section 63 BSA (formerly Section 65B IEA), electronic records are admissible as evidence subject to a certificate from the person responsible for the device or process. BSA 2023 expands the definition of "document" to expressly include electronic and digital records, audio-visual records, emails, server logs, and any information stored or transmitted in electronic form. It also recognises "secondary evidence" in electronic form more broadly. The certificate requirement under Section 63 BSA must be carefully complied with to ensure admissibility of electronic evidence before courts.
For proceedings already initiated before 1 July 2024: the IPC, CrPC, and Indian Evidence Act 1872 continue to apply. The transition is not automatic — existing cases filed under IPC/CrPC continue under those laws until they are concluded. For offences committed before 1 July 2024 but for which proceedings are initiated after 1 July 2024: the offence is charged under IPC (since it was committed when IPC was in force), but the procedure will follow BNSS. New cases for offences committed on or after 1 July 2024 are entirely governed by BNS and BNSS. During this transitional period, advocates must carefully identify the applicable law for each stage of the proceeding.
Yes. BNS 2023 introduces several offences that were not explicitly in the IPC: (1) Organised crime (Section 111 BNS) — criminal syndicate activities for material benefit, with severe punishment including death or life imprisonment for certain categories; (2) Terrorist act (Section 113 BNS) — though UAPA already covered this, BNS now also includes it; (3) Petty organised crime (Section 112 BNS) — theft, snatching, cheating, unauthorised selling by a gang; (4) Snatching as a distinct offence (Section 304 BNS); (5) Sexual intercourse by deceit (Section 69 BNS) — making a promise of employment, promotion, or marriage without intention and inducing a woman to sexual intercourse. Section 124A IPC (sedition) has been dropped but replaced by Section 152 BNS (endangering sovereignty).
A writ petition is filed before the Delhi High Court under Article 226 of the Constitution of India for enforcement of fundamental rights or for any other purpose. Common situations warranting a writ petition: (1) Habeas Corpus — for illegal detention or wrongful custody of a person including a child; (2) Mandamus — to direct a public authority, government body, or tribunal to perform a specific duty it has failed to perform; (3) Certiorari — to quash an illegal order, FIR, chargesheet, or judicial / quasi-judicial decision; (4) Prohibition — to prevent an inferior court or tribunal from exceeding its jurisdiction; (5) Quo Warranto — to challenge a person's authority to hold a public office. Writ jurisdiction under Article 226 is also used for protection petitions in inter-caste and inter-religion marriages, bail in specific circumstances, and challenging administrative decisions.
A Lok Adalat is an alternative dispute resolution forum under the Legal Services Authorities Act 1987 where disputes are settled amicably through conciliation. Key features: (1) A settlement award passed by a Lok Adalat is final and binding — no appeal lies against it; (2) The settlement has the same status as a decree of a civil court and is enforceable; (3) No court fee is charged, and if the court fee has been paid, it is refunded on settlement; (4) Both pre-litigation and pending court cases (other than non-compoundable offences) can be referred. National Lok Adalats are held by DSLSA across all Delhi courts. In 2025, national Lok Adalats were scheduled on 08 March, 10 May, 13 September, and 13 December. Lok Adalats are particularly effective for cheque bounce, motor accident, matrimonial, and money recovery cases.
Under the Legal Services Authorities Act 1987 and the Delhi State Legal Services Authority (DLSA), the following persons are entitled to free legal aid: (1) Women and children; (2) Persons belonging to SC/ST communities; (3) Victims of mass disaster, ethnic violence, flood, drought, earthquake, or industrial disaster; (4) Disabled persons; (5) Persons in custody; (6) Persons whose annual income does not exceed the prescribed limit (currently Rs. 1,00,000 per annum for High Court matters under NALSA); (7) Victims of trafficking. Legal aid includes assistance in court proceedings, drafting of applications, and representation by panel advocates. You may apply to the nearest DLSA office or the Delhi High Court Legal Services Committee.
You can check case status through the following official platforms: (1) eCourts portal — ecourts.gov.in — for all district court cases across India; search by CNR number, party name, or advocate name; (2) eCourts mobile app — downloadable from Google Play Store; (3) Delhi High Court website — delhihighcourt.nic.in — for Delhi HC cases; (4) Supreme Court of India website — sci.gov.in — for SC cases. The CNR (Case Number Record) unique identifier can be obtained from the court or from the filing receipt, and is the recommended method to track case status and next dates.
If a Hindu male dies without a Will (intestate), his property is distributed under Schedule I to the Hindu Succession Act 1956. Class I heirs (widow, sons, daughters, mother, widow of a pre-deceased son, etc.) inherit simultaneously and take the property equally. Class II heirs take only in the absence of Class I heirs. If a Hindu female dies intestate, the distribution depends on the source of the property — property inherited from parents goes to heirs of the father; property inherited from husband's family goes to heirs of the husband. For a Muslim dying intestate, Shariat law governs distribution. For Christians and Parsis, the Indian Succession Act 1925 applies. Without a valid Will, the stated wishes of the deceased have no legal effect.
The Limitation Act 1963 prescribes the maximum period within which a suit, appeal, or application must be filed. Key limitation periods: 3 years for most civil suits (recovery of money, breach of contract, etc.); 12 years for suits for recovery of immovable property; 2 years for consumer complaints (CPA 2019); 3 months for challenging an arbitral award (Section 34 A&C Act); 30 days for most criminal appeals. A suit filed after the limitation period is time-barred and can be dismissed — however, courts may condone delay in filing appeals and applications (not suits) on sufficient cause being shown. Engaging an advocate early is critical to avoid missing limitation deadlines.
Yes, in most civil and some criminal matters. In civil suits, the legal heirs or representatives of a deceased party may be substituted and continue the proceedings. Under Order XXII CPC, if a party to a suit dies, the legal representatives must apply to be brought on record within 90 days of death (extendable). In MACT matters, the dependants and legal heirs of the deceased victim are the claimants — a death claim petition is filed on behalf of the deceased person's estate and dependants. In criminal cases, certain private complaints may be continued by the legal heirs. The specific procedure depends on the type of case and the stage at which the party passed away.
An affidavit is a written statement of facts sworn or affirmed before a notary public or an oath commissioner. To get an affidavit attested in Delhi: (1) Draft the affidavit setting out the relevant facts; (2) Approach a Notary Public (available at court complexes including Rohini, Tis Hazari, Karkardooma, Saket, and Dwarka courts) or an Oath Commissioner at the court registry; (3) The deponent signs or thumb-imprints the affidavit in the presence of the notary / oath commissioner, who then attests it with their seal and signature. Identity proof (Aadhaar, PAN) is typically required. Court-specific affidavits (for filing in court) must comply with the prescribed format and the Code of Civil Procedure — these are appropriately prepared by an advocate familiar with the relevant court's requirements.