Advocate Barath Kumar

Questions Answered by Advocate Barath Kumar (25+ answers)

Q: Marriage registration in 2 different states in India

My husband and I registered our marriage in Tamil Nadu in 2018. The divorce case filed by my husband in 2022 got dismissed by default in 2023. Now I want to know whether my husband register second marriage in a different state without getting divorce. Asking this as the marriage registration is State Department only and not centralized. Pls clarify

Advocate Barath Kumar answered
Yes. Even though marriage registration is administered by State authorities and there is no single nationwide marriage-registration database, your husband cannot legally contract a second marriage in another State without first obtaining a valid divorce decree. If your 2018 marriage is a valid Hindu marriage, and his divorce petition filed in 2022 was merely dismissed for default in 2023, the marriage continues to subsist. A second marriage during its subsistence would be void under the Hindu Marriage Act and may attract the offence of bigamy under the applicable criminal law. The fact that another State’s registration system may not detect the Tamil Nadu marriage does not make the second marriage legally valid.

Q: Date of birth in school marksheet and TC varied from original DOB

How to change the DOB in marksheet issued from state board of tamilnadu. How much time it will take to complete the DOB changing process and much amount required as a fees for a lawyer. What is the easiest and legal way to change DOB.

Advocate Barath Kumar answered
For correction of Date of Birth in a Tamil Nadu State Board SSLC/HSC marksheet, particularly where the person has already completed the examination, the easiest legally sustainable route is first to obtain the official Birth Certificate/Birth Register Extract and other contemporaneous records supporting the correct DOB, submit a detailed representation through the concerned school and educational authorities seeking correction under the applicable Government Orders, and, if the authorities reject the request or fail to act, approach the Madras High Court under Article 226 by way of a Writ Petition; recent Madras High Court decisions have granted relief where an authentic birth certificate establishes that the educational record contains an erroneous DOB, with some orders directing the authorities to complete the exercise within four to six weeks after the relevant representation/order. The entire administrative process may practically take around 1 to 3 months, whereas a writ petition may take several months depending upon the respondents and Court proceedings, and a civil suit, if required, can take substantially longer. There is no fixed statutory advocate fee, and professional charges vary depending on whether the matter is handled administratively or before the High Court; therefore, where the birth certificate and contemporaneous records clearly establish the correct DOB, representation followed by a writ petition, if necessary, is generally preferable to immediately filing a civil suit.

Q: I'm filed a crlmp as party in person.

Can anyone send 'process memo' format used in Tamil Nadu court

Advocate Barath Kumar answered
The process memo is a simple for mat very much will be available in the Internet and the shops in and around courts. Call me or email to discuss further in this regard. I will help you. Hope you are clear

Q: Breach of agreement and no response

I entered into a house construction agreement with Durai Infra Construction, Coimbatore. I have already paid around 93% of the agreed amount, but the contractor stopped work, breached the agreement, vacated his office, and is not answering my calls. I have already lodged a complaint with the Tamil Nadu CM Cell (Ref. No. 18442954 dated 19-07-2026). What legal action can I take to recover my money, claim compensation, and compel him to complete the work or face legal consequences?

Advocate Barath Kumar answered
You may initiate multiple legal proceedings against the contractor. Since you have already paid about 93% of the contract amount and the contractor has abandoned the work, vacated his office, and become unreachable, his conduct constitutes a clear breach of the construction agreement and may also amount to deficiency in service under the Consumer Protection Act, 2019, entitling you to seek refund of the excess amount paid, compensation for delay, escalation in construction costs, mental agony, interest, and litigation expenses. You should immediately issue a legal notice demanding completion of the work or refund of the amount within a specified time, obtain an independent engineer’s assessment of the work completed and the cost of completion, and, if there is no satisfactory response, file a complaint before the appropriate Consumer Disputes Redressal Commission. If the facts indicate that the contractor induced you to part with money with a dishonest intention from the beginning, or has deliberately misappropriated the funds, you may also lodge a criminal complaint for appropriate offences under the Bharatiya Nyaya Sanhita. Your complaint before the Tamil Nadu CM Cell supports your grievance but does not substitute your legal remedies before the Consumer Commission or the competent civil or criminal courts.

Q: Need second opinion on Domestic Violence case legal issues.

Before initiating case, i want to clarify about the legalities and formalities. Hindu but intercaste marriage. Seperated from march 2022, husband initiated divorce, i opposed. The case is dismissed due to his absence to the court. Reunion case initiated and its alive. Mc case in argument stage. We have daughter she is 7 years. His mother died in april and i went and did all the formalities. He spoke with me normally like reunion aftr that. He stayed with me one day aftr that. Asking divorce

Advocate Barath Kumar answered
You have explained your situation and present status of pending matters but ultimately you didn’t mentioned about what clarification you needed with the present scenario. Please mention clearly of what advice you presently needed right now