Advocate A R Rakkesh

Questions Answered by Advocate A R Rakkesh

Q: Who gets the child custody

who will get the custody of the girl child and upto what years

Advocate A R Rakkesh answered
Mother will get the custody of the girl child if she is capable of maintaining her. Father has the Visiation right. If the incapability of mother to maintain the child is proven then Father can acquire the custody of the girl child. But primarily mother holds the right.

Q: Can divorce be granted if one spouse is in coma

Hello, I've married for 2 1/2 years and six months into the marriage my husband had an accident and fell into a vegetative state, I was pregnant then. Now we've a child and he's been in PVS for 2 years, I've waited a decent amount of time, I don't think I can put up with my in laws abuse any longer, they are blaming my horoscope for his accident and are very hurtful towards my child and I, I've been living with my parents for the past 2 years my husband's family has deserted me, I don't see the point in legally being part of a family when they have chased me out. They are refusing divorce because they don't want me to get married again and have more children. I'm a Hindu, how can I go about getting a divorce, how long will it take if they don't consent. Every doctor will testify my spouse has no chance of recovering from the PVS he will remain that way until he dies in a few years. I am unemployed, my in laws are wealthy so will I be eligible for maintenance. Thank you. 

Advocate A R Rakkesh answered
You can file a case against your husband and in laws in magistrate court under domestic violence act as you will get speedy remedy against your in laws and it will pave way to get divorce and maintanence as your unemployment been proved.

Q: Tenant refuse to vacate and attacking, how to evict

Hi Sir, I(owner) have given our ground floor for lease for amount of 4lakhs on contract of 2 years. We have received 3lakhs from the tenant as advance .On the document we have mentioned like we are taking 3 lakhs initially and the remaining 1lakh after one month of occupation. After moving in the tenant has denied to give 1 lakh amount & agreed to vacate. We have given 2 weeks time to vacate. After that also they are still not vacating. And the tenant is attacking me and refusing to vacate.what should I do ? I have heard that if we have filed a case again them means it will come under civil and it will take long time ,even for years. Kindly please advice me to a suitable method to get rid of the tenant soon. I am ready to deliver the 3lakh amount to the tenant. And I am living in fear because of all the violence by the tenant. I have talked to my local person who is studying for becoming a lawyer. He mentioned that to give a complaint in local police station and they will help.

Advocate A R Rakkesh answered
Actually the issue of vacating the tenants differs accordance to the location. So first let me know your location so I can suggest you what to do furthur? And I need to know any agreement has been signed for 3 lakhs consideration.