Advocate Edward D'souza

Questions Answered by Advocate Edward D'souza

Q: What is the procedure to put up a public notice

I am trying to buy a apartment in Bangalore. A friend suggested to put up a public notice in a paper. Could you please suggest the process for a public notice.

Advocate Edward D'souza answered
The intended purchaser want to issue a public Notice may approach an Advocate to draft Public Notice of intended property to Purchase from the vendor who is the owner of the property, description of party with full details PID Number and boundaries, inviting any objection from any part who has any interest in the said intended property giving 15days to file in Local News Paper of property in English and as well as major local Language.

Q: How to remove husband name from passport

Our Marriage was taken Place in Masjid after Couple of years we got Divorced in Masjid itself now I want to remove my ex husband name from passport wt should i do?Please Guide me

Advocate Edward D'souza answered
Procedure to change spouse name in Indian passportNeed to present the following documents in the passport authority along with feeOriginal passport with a self-attested photocopy of the first and last two pages.A Certified Copy of the Divorce DecreeNotarized Affidavit.

Q: What to do i have faced domestic violence and harassment

Hi I'm a 26 year old female, I was work in a top IT firm with good salary, my husband was a drunk and harassed me everyday for 4 years, I was too afraid to tell my parents cause they would force me to go back. I fell in love with a man a work, he's divorced and wants to marry me. My husband got to know about this beat me up, made me quit my job abandoned me and threw me at my parents place without any of my assets or belongings, my husband and my parents have been torturing me for months, however now he has agreed for a mutual consent divorce, but my parents are not letting me file for the same. They beat me up and mentally torture me everyday and call me names. My legal documents everything is at my husband's place, he said he'll give it to me after I divorce him without any hassles. I'm stuck from both ends. They have locked me up, neither letting me do a job nor be myself. Can you please suggest, how I can go about this legally, so that I can get my life back on track, I'm suicidal

Advocate Edward D'souza answered
The problem faced by the married from her husband and parents amounts to Domestic violence under section 3(b) and (c) of The protection of Women from Domestic Violence Act, 2000.She has to lodge a complaint on line to the City Police commissioner seeking protection in the absence she is not able to come out of the house to file complaint at Jurisdiction Police. The Police will extend necessary Assistance and appoint a protection officer, through him she can file mutual consent Divorce there after only she can marry a person whom she fell in love . She can use free legal Aid from state Free legal Advice situated in the city civil court

Q: What to do if girlfriend parents are threatening me and my girlfriend

Im am 21 years old and the girl i want to marry is 20 years old. I have a business running and i am capable of taking good care of her. My parents do not have any objection for our marriage. We had already been to police station and they had tried to complain against me but we spoke to police and they too accepted our love so she stayed in our house. But after two days her parents came back and said we will do ur marriage so wait for a year until you both complete engineering. We agreed for this. But now they again want to marry her to a brahmin boy as we are devangas. They have even told her that if she tries to come to me they will kill me n my family. So can you please help me in explaining me a legal procedure to stay safe and keep the girl i love safe. Thankyou

Advocate Edward D'souza answered
You Can file complaint in local police that you both want to marry and her parents are illegally detained her . Police will do the rest.2- You can file a Writ Petition Habeas Corpus in High Court. a writ which is filed for releasing the a person who has been wrongfully detained. A case can be made out that her right to life and liberty guaranteed under Article 21 of the Constitution has been violated and hence she should be released. A writ petition can filed praying for the writ of habeas corpus against her detention. If there was an attempt to make a police complaint but the police did not record this or continue with the investigation, the petition can also ask for mandamus, i.e. requiring the authority to do what they are duty bound to do,

Q: What to do in case of cheque bounce

My cheque got bounced 3 months back. What should I do know and what is the procedure

Advocate Edward D'souza answered
Once you received court summons from a cheque bounce case ( Criminal Case) you need to be present in court on that day in person/ advocate and need to contest the matter with necessary documentary proofs / Settle the matter otherwise court will issue warned on that matter Approach advocate with both the notices and all other Documents