Advocate Akash R Rao

Questions Answered by Advocate Akash R Rao

Q: How can i claim custody of my child

Sir I got married on 2016 May, i see my wife behavior changed after she went to in laws house during pregnancy as i was working in Banglore we stayed near to In laws house. i was frustrated with there emotional blackmail i left job and moved to Kochi. Now my baby is 11 months there parents and wife are rude only with me and my parents as they are expecting me to be near to them and cut my parents relationship and my wife is giving career as lame reason to stay in Banglore, its been six months i have not seen my baby bec of there nasty behavior whenever me and my parents go home. I want custody of my child. Pls suggest how to proceed legally.

Advocate Akash R Rao answered
Dear Sir,You shall have to file a petition before the jurisdictional family court under Section 12 of Guardian and wards act and further you shall have to prove to the court that your income, your charecter and the child would be safe and happy when it is with you. If the Court is satisfied it shall order for the interim custody.

Q: What to do as new judge for the case is not assigned yet

Sir/madam, I applied for intrim maintainance in feb 2018, my husband didn't come for 2 hearings, later the judge transferred in may.But New judge is not yet assigned. I have a girl baby of 1.9 months. Can we request to assign our case to a judge in another hall for next hearings... Do the judge make orders in another court hall..?

Advocate Akash R Rao answered
Dear Madam,The Case will be transferred/alloted to the incharge court and there will be a fresh hearing on maintainance application and later on the court will post the matter for orders on interim application . It will take a considerable time . when is the next date?

Q: What to do if the husband is cheating on me

I got married in 2016. My husband hails from Bhagalpur, Bihar. My Husband immediately after marriage has been living away. This incidence took place on 28th April 2018. where his phone had some network issue so he gave me a whatsapp call in the night at around 1.30 PM, we spoke generally for 5 mins after that he said he is going to get busy as he will be working the whole night which used to be the usual case every night, but somehow he forgot to cut the call and i kept hearing, he was with some girl and they were roaming in his car in the night giggling chatting and talking flirtatiously and intimately where he even called her Jaaneman. I have confronted him but he retaliated very badly towards me. I know he has been cheating, now want to get out of this marriage as there is no support from his family as well. also in the name of business he has been taking money from me and my father and even mortgaged my jewellery. kindly advice

Advocate Akash R Rao answered
Hello.You can file a Domestic Violence case and also a cheating case and an Adultery case as well. You can claim monthly maintainence from him in the Domestic Violence case. Further with respect to the Jewellery, you also can file a criminal complaint to the jurisdictional Police Station.

Q: Husband claim for child's custody as wife financially unsound

We have two years child, divorced ,my wife is physically and financially unfit to take care my child,she completely depends on her parents, could you please explain in detail with act, how can I take under my custudy for his wellfair?

Advocate Akash R Rao answered
You will have to take the custody of the child by filing G and W.C. Petition i.e., Petition under Guardian and Wards Act. You will have to file the said petition before the concerned/jurisdictional Family Court. The Court considering various aspects into consideration will decide as to whom the child must be there or it might order for visitation rights to you.

Q: Can I claim compensation as I lost 50K due to cab driver

I missed my flight and my loss is 50000 because of cab driver who cancelled my trip after staring trip and denied to take me to airport. Because of him i lost 50 mins to find another cab and then missed my flight. . This trip was very important as i was going for my own marriage.

Advocate Akash R Rao answered
Hello ...You shall have to send the legal notice to the company operating the cab ...Or under which services he is employed .....You could send a legal notice for deficiency of services to the employer and subsequently screw him in the concerned District Consumer Forum