Advocate Anusha

Questions Answered by Advocate Anusha

Q: Motorbike accident on road with pedestrian

I was driving bike in the rain at low speed and out of nowhere 2 person came before me and I accidentally clashed with them ..one of them had a fracture hand no injuries for other, we took him to the hospital near and they filed a case...it been one month and now police summoned us to file fir and asked us to sign other documents too .They also changed the narrative of what happened on that day saying that it will be helpful for us..what action we should take how the case will proceed?

Advocate Anusha answered
You are advised to preserve all available evidence relating to the accident, including photographs, CCTV footage, dashcam recordings, witness details, hospital records, and proof that you took the injured person to the hospital.Please consult a criminal advocate before attending any further police questioning or signing any documents. Do not sign any statement or document containing facts that are incorrect or inconsistent with what actually happened.If the police pressure you to accept an incorrect version of events, you may submit a written representation to the Investigating Officer and, if necessary, to the appropriate senior police officer. Please retain an acknowledged copy of the representation for your records.Kindly ensure that all statements made to the police are truthful and accurate, and seek legal assistance promptly to protect your rights.

Q: HUSBAND REFUSED TO PAY HOME LOAN EMI

My husband abandoned me and our children, refuses to pay home-loan EMIs, and has filed an OS alleging fraud to remove my name from our registered property title. I have a DVC residence order protecting our residence, but it does not direct EMI payment. The loan is now with JMFARC, and recovery proceedings threaten our home. What urgent legal remedies can I pursue to defend my ownership, compel my husband to contribute to EMIs, and protect our home?

Advocate Anusha answered
Consider filing an application under Section 20 of the Protection of Women from Domestic Violence Act, 2005, seeking monetary relief, including appropriate housing-related expenses, and seek suitable interim relief under Section 23. The existing residence order may also be enforced if violated. However, compelling your husband to pay the bank EMI directly will depend on the facts and applicable law.

Q: Case Filing to Get dowry and The Wedding Money Back

The husband is asking for mutual divorce but they are not giving the dowry and the wedding money. How to claim them back before applying for divorce case?

Advocate Anusha answered
Before filing or agreeing to a mutual divorce petition, the wife should make a clear list of all her jewellery, cash, valuables, household items and other belongings that are with the husband or his family.She should also keep proof, such as purchase bills, bank statements, photographs, wedding photographs, messages and details of people who can confirm ownership.Through an advocate, she can send a legal notice asking the husband and his family to return her jewellery, stridhan and other belongings within a specific time.If they refuse to return the property, appropriate legal action can be taken based on the facts of the case. Under Section 316 of the Bharatiya Nyaya Sanhita, 2023, dishonest misappropriation or conversion of property entrusted to a person may amount to criminal breach of trust, depending on the evidence.Important: Before signing the mutual divorce settlement, the wife should make sure that the return of her jewellery and belongings is clearly mentioned in the settlement terms.

Q: Questions for Clarification Regarding the Case Temporary vs. Permanent

Can I file a divorce case in chennai ? My wife currently resides and works in Kerala with two of my daughters (6 yrs+ 3yrs) . Mariage happened in Kerala , two kids are born and studying in Kerla .. Her permanent address is in kanyakumari .. she has filed a DVC +MC case in May 2026. Will she be able to transfer this case to Kerala if I put up this case in Chennai... Her matrimonial house (last residence) was in Chennai... Is there any way to make my wife to travel to chennai court ?

Advocate Anusha answered
You may be able to file the divorce petition in Chennai if Chennai has jurisdiction, particularly if the parties last resided together in Chennai. However, since your wife is currently residing in Kerala with the children and has already filed DVC and MC proceedings there, she may seek transfer of the Chennai matrimonial case to Kerala before the Supreme Court.The Court may consider factors such as her present residence, the children’s welfare, travelling difficulties, and the pending proceedings in Kerala. Therefore, filing the case in Chennai does not guarantee that your wife will be required to travel to Chennai for every hearing. Depending on the circumstances, the Court may also permit virtual appearance.We can examine the facts and the jurisdictional documents before deciding the appropriate court for filing the divorce petition.

Q: Financial negligence/ Domestic violence

My sister married to a guy in Chennai, His financial situation is not disclosed, despite he receives decent salary struggles to meet basic family needs. It is unknown where he is spending. If any question raises regarding finances he is abusing verbally and physically. After 4 episodes of physical abuse we took my sister to our home. It’s been 2 years, he is threatening her in phone not to work, not allowing child to go to school without his permission even he doesn’t come to my house. Solution?

Advocate Anusha answered
As an advocate, your sister can consider filing a petition under the Protection of Women from Domestic Violence Act, 2005, as the allegations include physical abuse, verbal abuse, threats, financial control and restrictions on employment. She can seek protection order, monetary relief/maintenance, residence-related relief and appropriate custody/education orders for the child. The four incidents of physical abuse, threatening phone calls, medical records, messages, photographs and other evidence should be preserved. If the husband is preventing the child from attending school, an urgent interim application can be filed seeking directions in the best interests of the child. If she does not wish to continue the marriage, she can also consider divorce on the ground of cruelty, depending on the law applicable to the marriage. Since the parties have been living separately for about two years, the complete circumstances should be examined before filing. She should consult a family-law advocate in Chennai and prepare a detailed chronology and supporting documents before initiating proceedings.