Advocate Deva AS Gibsons

Questions Answered by Advocate Deva AS Gibsons (50+ answers)

Q: Does a private notice have any legal implications on a pending case? Please explain the role of a pr

Sir, I was awarded interim maintenance of ₹20,000 in a contested divorce case that I fought for 2 years, but I haven't received any payments for almost 11 months. Despite being from a different state than my ex-husband, I traveled a long distance to contest the divorce. Now, I received a notice from an advocate stating that my ex-husband has approached the High Court to dismiss or stay my interim maintenance application from the district court. The notice mentions that the case came before the High Court on /7/2018, and the judges asked to serve a private notice. However, the notice appears to be on a letterhead without a court seal or address and is not from the court clerk. It is signed by the counsel for the petitioner and instructs me to appear in person or through a pleader within 4 weeks, but does not specify a date. The communication was dated July 27 and reached me on July 30, almost 4 weeks later. What should I do in this situation regarding the private notice in court and its implications under CPC?

Advocate Deva AS Gibsons answered
Hi Madam, Legal notice (private notice) from advocate office so no need court seal or court clerk.....based on legal notice u can file vakalat in High court (VERY SOON). No issue -Don’t worry…• Tell your advocate to take steps to get the maintenance ordered. Your advocate may file a Execution petition against him under section 125 (3) CrPC before district court for maintenance.• Your advocate can bring to the notice of court the issue of no-compliance of court order, and file an application if needed and ask for issuance of warrant.• If he is working man or Government Employee, you can request the court for an order to deduct the amount directly from his salary to your account.• The court has power to issue arrest warrant against him and send him behind the bar till the payment…Try to settle down the case very soon. Don’t waste your beautiful life (applicable to both parties)...

Q: I want details about living together relationship

Hii i am MuthuKrishnan and my dob is 5/5/2006 now my age is 17 and I want move on the living together relationship with my gf and my girlfriend age 18+ and she is fully wise to come with me and I also have financial support also by my family support and she also interested to get in to the relationship with mee what we can do now any and we want some legal from advise we can manage our life smoothly.

Advocate Deva AS Gibsons answered
hi, ur age 17 so not advisable for living relation ship...if you breach pocso act is applicable for ur girlfriend ....wait one more year after that you can marry her. this is my personal advice...,....,....,

Q: What is the eligibility criteria for OBC non creamy layer

Both my parents are govt employees. They both earn above 8 lakhs per annum each. There are no other sources of income. Both of them are class 3 recruited employees. Am I eligible to apply for OBC Non Creamy Layer certificate? 

Advocate Deva AS Gibsons answered
Dear Client, You not eligible to apply for OBC Non creamy layer certificate . Reasons: 1)Parents are Government Employees . 2) Above 1.5 lakhs per year. 3)No other sources of income. This are the reason your not eligible to apply OBC certificate .

Q: Fake Domestic Violence Case against my family member

My brother and sister-in-law both of us has no good understand with in 5 months after marriage she went to her father home and not come back to my brother home for last 2 years. Now 2 months back my brother filed Divorce case... She filed fake DV case under section 12 against my mother, brother, sister and uncle..... We got summon from court to appear infront of magfistrate on next month.........What is DV case under section 12... Will my family members go to jail.. How to remove my mother , sister and uncle name for this case..... Do all my family member needs to attend infront of magistrate next week.. please guide...

Advocate Deva AS Gibsons answered
Hi,What is DV case under section 12...?DV Act section 12 is related Application to Magistrate.Will my family members go to jail?Contest the case in the Court. Give evidence according to your favour. Try to contest the case with best lawyer (family court advocate) don’t think jail ….. nothing is impossible just believe in yourself.How to remove my mother , sister and uncle name for this case?File discharge Petition under section 239 CrPC that based remove ur family members. All my family member needs to attend in front of magistrate next week?Yes, all your family members to attend in front of magistrate first time. Then after u can file discharge petition....

Q: Fraud marriage and need to escape form interim maintenance

My wife committed adultery before and after ( more than one person) with the knowledge of her parents.. So is there any possible to file 420 case against her parents... currently my divorce case is under process in high court and my wife applied interim maintenance against me... is there any possibility to escape from maintenance... my wife’s father had a own house and now he retired for railways and my wife also capable to earn and few month back she resigned her job...

Advocate Deva AS Gibsons answered
Dear client ,Yes , u can escape from interim maintenance order but the same time u must proof it (adultery and her employment, resignation,salary … ) if u have valid proof then u can file a complaint against her parents under 420.