Advocate Balaji Prasad R

Questions Answered by Advocate Balaji Prasad R (25+ answers)

Q: R1 representing as PartyInPerson, can he represent R2 and R3 as well

I am Respondent No.1 (husband) in matrimonial litigations including a DV, 498A, 125crpc & divorce, in which common allegations have been made against me and my aged parents (R2 & R3). All cases were earlier handled by a common advocate who has since withdrawn. I intend to appear as Party-in-Person. My parents are elderly and suffering from health issues. I want to handle the cases as party in person including my for my parents as well, they cant be as party in person for arguments etc.

Advocate Balaji Prasad R answered
This is a classic case where parents of the husband's are unnecessarily roped into the case in the FIR, Chargesheet (498A). One usual way to deal with this is filing a quashing petition before the high court, this petition will usually be partly allowed, quashing proceedings against the aged parents while the proceedings against the husband will have to be tried.

Q: Dv case with interim maintenance

wife stayed with me for almost 150 days in that days we had lot of misunderstanding she had very bad snoring issue so we used to sleep separately..she called her parents since I abused & she left voluntarily & she filed DV case but still i haven't received any notice I am stressed due to lack of sleep & I go diabetes due to lack of sleep because of her snoring how can I battle legally marriage was never consummated

Advocate Balaji Prasad R answered
Firstly file a Divorce case under Section 13(1)(ia) on the grounds of cruelty. The DV act case has to be proved vide trial and the burden of proof lies on the prosecution, hire a good Advocate and be ready with your Counter arguments and a way to disprove all the exhibits marked by the Petitioner.

Q: Retrieval of Certified Copy: Divorce Decree M.C. 115/2007 (Bengaluru F

"Hi, I am looking for a junior advocate or a court clerk practicing at the Bengaluru Family Court (Nyaya Degula) to assist me in obtaining a Certified Copy of an old divorce decree.Case Details:Case Type: M.C. (Matrimonial Case)Case Number: 115 / 2007Court: Principal Judge, Family Court, BengaluruDate of Order: 01-09-2007Requirements:File a C.A. (Copying Application) for the Judgment and Decree.The file is archived (2007), so it will need to be requisitioned from the Record Room.

Advocate Balaji Prasad R answered
The family court is quite strict in handing out certified copies to third parties (not parties to the suit hence one clarification that is required is whether you were a party to the said divorce suit. If you were not a party to the suit then we will have to file the application along with a third party affidavit mentioning a valid reason for requiring the certified copy for example: to file an appeal.

Q: Hi what to do Cheque bounce or Stop payment

If cheque present date is 25/sep/2023Can I file case now is this possible.

Advocate Balaji Prasad R answered
Cheque bounce cases are guided by section 138 of the Negotiable instruments act. You will have to issue a legal notice through your lawyer within 30 days from the date of return of the cheque and then wait for 15 days (Repayment period)from the date of service of the notice. The cause of action arises on the 16th day and you will have a limitation 30 days from the 16th day to file a PCR before the jurisdictional court.

Q: 125 crpc case: RnV affidavit not submitted by both parties.

Hi, Wife filed 125 crpc in January 2024. 7000 interim fixed on first hearing date. 3k for baby of 1.5 years and 4k to wife.I got summons on June, 2024. Paying 7k every month after that. Stage of the case is cross exam of petitioner.Wife has suppressed her income in her petition. But she is working a software company with salary of 70kMy salary is around 2L.Should I file memo asking for wife affidavit at this stage of the case.Then court will ask both parties to file affidavit.Please advise

Advocate Balaji Prasad R answered
yes. you can have your lawyer file an application under Section 151 of the CPC requesting both parties to file their assets and liabilities affidavit. once filed your lawyer can conduct a hearing on the same and also submit Evidence showing the real salary of the wife and once both sides hearing are done the court will pass an order either allowing the application or rejecting it. however there is a strong possibility of the application being allowed and the court passing an order dictating both parties to submit their assets and liabilities affidavit.