Advocate B N Rajamohamed

Questions Answered by Advocate B N Rajamohamed

Q: Presence of complaintant during judgement

Is it compulsory for the complainant to be present during the hour of pronouncing of judgement in a criminal case?

Advocate B N Rajamohamed answered
judgement is the decision of the court on consideration of all the mitigating circumstances and evidences on record. it is not necessary for the complainant to be present on the day of judgement. even the court cannot insist for the same. complainant can obtain the copy of the judgement on application for the certified copy.

Q: What to do if builder after taking money do not start constcution

Greetings. I bought one land and decided to construct the house building by engaging one builder. The advance amount IRS.5lacs was paid to the builder and it was agreed to complete the construction within 1 year. However the builder was not taking any actions and no construction related activities are started and 6 months already passed.I lost the confidence level with the builder and planning to get the money back from the builder Please advice what can be done?

Advocate B N Rajamohamed answered
sir, you have the remedy by approaching the civil court by filing a suit for specific performance. you should submit the agreement copy before the court while filing the case. before this you have to issue a legal notice to the defaulting contractor.

Q: I have a query pertaining to benefits of medical grounds

My father is TN government employee. Last year ago he got sever head injury due to road accident. So last 2years he is under medical condition. Now his officers forced us to give vrs. Is this affect my father's pension benefits and other benefits of retirement ? If there is a chance to get a compensation job for me ?

Advocate B N Rajamohamed answered
Sir,your case applies to PERSONS WITH DISABILITIES ACT and the employer cannot force your father to obtain VRS or to retire him compulsorily. They may choose an alternative post well suiting your father's existing health condition. If they donot find anything suitable they can provide a job for you on compassionate grounds.

Q: Wife not living with me she is christian how to proceed legally now

Hi sir my wife is not living with me she fight with me and she going to our mom home she is christian so i file in court come to living with me. My marriage is love marriage only 6months we are living so what i do.

Advocate B N Rajamohamed answered
Since you have approached the court you have to wait for the verdict. Being a love marriage waiting period is possible not only prior to marriage but also post marriage. As you have move for resumption of matrimonial life don't make any allegations against her.

Q: My husband has disappeared and his parents are not informing me

This is my second marriage. I have hormonal imbalance problems which affects my fertlity. I have not informed this to my husband before the second marriage which I had informed him only after the marriage. Now considering this medical ailments and considering my misunderstanding with my second husband's in laws, my husband has moved out of this house and he has been hiding from me somewhere as per his parents instructions and I don't know about his whereabouts. What in case if he approaches me legally in the future. How to defend myself because I wanted to continue with this marriage.

Advocate B N Rajamohamed answered
Madam,It is the right time for you to approach the nearest police station informing them about your husbands disappearance and the ancillary conduct of your in-laws and forward the same to the commissioner of police,even after a week there is no response move the high court with a petition seeking writ of habeas corpus. you can get a fruitful result.