Advocate Indumathi S R

Questions Answered by Advocate Indumathi S R

Q: If accused declares pauper in cheque bounce case

The accused in cheque bounce case is traumatising me saying that he would declare in court as pauper. His 6 lacs cheque has bounced. After demonitisation he is doing business in his wife n daughter name. Now he says he'll declare as pauper in court.

Advocate Indumathi S R answered
You need not worry u proceed by filing cheque bounce case. It is court which hv to declare any as pauper mere submission to court is no enough he has prove it moreover if u show any documents relating to his wife and children the court will consider and will not declare him as pauper

Q: Can evidence be submitted in the form of affidavit

Can one submit an "evidence by way of affidavit" second time as additional affidavit to previously submitted affidavit in consumer forum.?

Advocate Indumathi S R answered
yes one can submit additional evidence by way of an affidavit after seeking necessary permission from the consumer forum by filing an necessary application along with affidavit stating the reasons why you want to file an additional affidavit as additional evidence and have to state the reason why the same was not adduced before while giving your evidence at the first instance.

Q: How to get the original certificates from employer

I have worked in a college as a lecturer.In my appointment letter 2 months notice period is given.They have collected all my original certificates at the time of appointment.Due to medical emergency I couldn't serve this notice period.Now the management is asking for two months salary to release the certificates even after submitting the medical certificate.Is there any way to get the certificate without paying this money under medical emergency ?Pls advice me

Advocate Indumathi S R answered
yes we can get the original certificates if proper reasons is assigned in your medical certificate. and i want to know for how many months/years you have served in that college and further more clarifications is needed regarding the reason for absence what was the medical emergency?

Q: Rights of wife on ancestors property of husband during divorce

Husband is having property gifted by parents, whether wife can claim any right on that property at the time of divorce?

Advocate Indumathi S R answered
Any property movable or immovable if it is in the name of your husband yes a wife can claim a share during the time of divorce but if it is an ancestral property and still in the names of his parents and then the wife cannot claim any share during the time of divorce