Advocate Elango D

Questions Answered by Advocate Elango D

Q: Filing case against father to bear maintenence charges of daughter

I & my husband are living separately. My daughter s with me. Turning 18 yrs in few months. I fully take care of all her expenses. We both are govt servants salaried. Can I file case to claim maintenence charges and college fees from him?

Advocate Elango D answered
Yes. If the parties are Hindus, the daughter’s maintenance can be claimed from the father. Since she is presently a minor, the mother can seek maintenance on her behalf under Section 144 BNSS, depending on the facts and the father’s means. The fact that both parents are government servants does not by itself prevent a claim; the court will consider both parents’ income, expenses and the child’s actual needs.For college fees/education expenses, Section 20 of the Hindu Adoptions and Maintenance Act, 1956 is particularly relevant. An unmarried daughter who is unable to maintain herself can have a continuing claim for maintenance, including education expenses, even after attaining majority, subject to the statutory requirements. Therefore, it is advisable to file before she turns 18 and specifically plead her educational expenses, existing standard of living, both parents’ salaries and the father’s capacity to contribute.

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 Elango D answered
If the parties are Hindus, the husband cannot lawfully contract a second marriage merely by registering it in another State. Under Sections 5(i) and 17 of the Hindu Marriage Act, 1955, a second marriage during the subsistence of the first marriage is void and may attract the law relating to bigamy. Since the divorce petition filed in 2022 was dismissed for default in 2023, there is no divorce decree dissolving the marriage. The fact that marriage-registration records are maintained by State authorities and are not centrally searchable does not make a second marriage legally valid. If he has in fact contracted a second marriage, appropriate civil and criminal remedies can be considered. The precise remedy will depend on the parties’ religion, the manner of the second marriage, and the available evidence.

Q: Fake fir filed from father in law

Not able to see fir copy in online and our advocate visited the station asked for fir details but they told si on leave they only have fir details like that .

Advocate Elango D answered
If the FIR has already been registered, you can request the FIR number, date, sections and police station details from the Station House Officer/Inspector. The fact that the SI is on leave does not prevent the police station from providing the basic FIR particulars. If the FIR copy is not available online, you may also apply for a certified copy from the jurisdictional Magistrate Court, once the FIR has been forwarded to the Court. If you share the police station and approximate date of registration, I can guide you on the next legal step.

Q: this is regarding my two children custody issue

i have two children aged 4 years and 1 year old .both my mother in law and husband abducted my children from me .i have seen a lawyer to deal the issue since april she got money and now she is not filing the case and she said she is not gonna deal with this and did not give a proper explanation .i am in the middle how can i take forward to get my children

Advocate Elango D answered
You can take the following steps immediately. Since the children are only 4 years and 1 year old, the issue of their welfare and custody can be urgently placed before the appropriate Family Court/District Court. If your present advocate has received fees but is unwilling to proceed, ask for a clear written status of the case and obtain copies of all documents, receipts and pleadings. You are also free to engage another advocate. A fresh custody/guardianship petition and, where appropriate, an application for interim custody/visitation and immediate production of the children before the Court can be considered. Do not try to forcibly take the children back. Keep evidence showing that you are the mother, the children were in your care, and the circumstances in which they were taken away.

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

My case has objection related1. Process not filed. Is process related to fee to the court we have to pay for issue summon. If it is can we efile.2. To be filed in proper format affidavit. I filed in stamp paper notory.Can any one send example format for tamil nadu. And whether all accuse name has to be mentioned in it. Whether it shows be in stamp paper or any other.

Advocate Elango D answered
“Regarding the process, process fee is generally payable for issuance/service of summons or other process, as directed by the concerned Court. Whether it can be paid/filed through e-Filing depends on the particular Court and case type.Regarding the affidavit, it should be prepared in the format prescribed/accepted by the concerned Court. Merely filing an affidavit on stamp paper and notarising it does not necessarily make it defective; however, if the Court has specifically directed a particular format or verification, that requirement should be followed.