Advocate Gokulakrishnan A

Questions Answered by Advocate Gokulakrishnan A (100+ 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 Gokulakrishnan A answered
To my understanding it is a private notice as per the orders of the court. You should immediately approach a lawyer in the concerned court and engage him and in need be ask you lawyer to show the envelope cover with seal on in along with the date of the private notice to the judge. Though it does not serve any purpose, the judge may smell the rat and be cautious in dealing with your case.

Q: I need guidance on expediting my case under Section 498A IPC for domestic violence and understanding

Hello, I am from Trichy. In 2009, I married Mr. Sakthi Sudhan. After 22 days, he began harassing me due to my family situation. Despite this, I continued our marriage. However, after he completed his doctorate, the harassment intensified. In 2016, I returned to my father's home. In 2017, he sent me a divorce letter (HMOP No: 400/17). Following this, I filed a Domestic Violence Case (DVC No: 64/17, MC No: 31/17). The hearings have been ongoing for the past year. Meanwhile, I am studying BE at Thiagarajar College of Engineering, Madurai. Due to the harassment over the past 5 years, it has been difficult to attend classes regularly. My studies are my only means of livelihood. I have questions about how to expedite my case. Please advise. Thank you.

Advocate Gokulakrishnan A answered
I understand that your query is that how to speed up the case.Since you are from Trichy, approach the High court of Madras at Madurai seeking direction to lower court to complete the case.With regard to DVC also similar procedure. If necessary I can refer somebody to Madurai High Court for completing this exercise.

Q: Can I take legal action against my boyfriend who promised to marry me but is now refusing?

My boyfriend deceived me by promising to marry me after divorcing his wife. He lived with me and had a sexual relationship, but now he is refusing to marry me and has left me. I am heartbroken and cannot tolerate this betrayal. He also abused me. I want to file a case against him and have pictures as evidence. What is your opinion on this matter? Can I sue my boyfriend for not fulfilling his promise to marry me?

Advocate Gokulakrishnan A answered
Yes. You can file a complaint against him for cheating. But beware, having relationship with an already married person is by itself is an offence provided if you have knowledge about his earlier marriage.

Q: I just found out my husband filed rcr on me and it's in ex parte evidence stage. Almost going to end

I just found out my husband filed rcr on me and it's in ex parte evidence stage. Almost going to end next month. Kindly tell me if I can fight the rcr case now, need a lawyer.

Advocate Gokulakrishnan A answered
Even in the ex parte order stage you can enter into the case and set aside the ex parte order and for a counter and contest the case. Even after passing of the order in exparte you can proceed by filing appropriate petition before the court.

Q: Question about to claim my Wife share from her father property

My father in law has 3 daughters and 1 son.Father of my wife written share his house property to her elder sister and brother.my wife and my sister in law don't know about this sharing.ow her brother not ready to give my wife share. Is there any possibilities to claim the share of my wife?we are Muslims.

Advocate Gokulakrishnan A answered
If the property is the self acquired property that is the property acquired by their self earnings then they can ride the property in the name of any person including the strangers. If it is ancestral property you can claim the right over the property through court of law as you are entitled by way of partnership suit