Advocate K V Swajith Reddy

Questions Answered by Advocate K V Swajith Reddy

Q: CASE SUMMARY (For Legal Consultation)

I filed a complaint on 21-09-2024 regarding water leakage and harassment, but it was closed quickly. The leakage issue remains unresolved. Later, through RTI, I came to know a private complaint led to FIR No. 1373/2024 under Bharatiya Nyaya Sanhita sections. I was not given FIR copy or notice. For 1.5 years, no court record, CC number, or summons exists. Police gave conflicting statements. I suspect a false case, misuse of public system, and identity misuse (multiple names), and seek legal advic

Advocate K V Swajith Reddy answered
The query is not clear and contains incomplete and somewhat confusing facts. It is difficult to understand the exact sequence of events, especially regarding the FIR, lack of court records, and alleged police actions. There also appears to be inconsistency in the information provided.For proper legal advice, the facts need to be clearly structured, including who filed the complaint, whether you are named as an accused, and what specific issue you want to address. Without clarity on these aspects, it is not possible to give a precise legal opinion.You may consider rewriting the query with clear facts in chronological order and specific questions.

Q: Abusive husband not giving divorce

We were married in 2018, I filed for divorce in February 2022 due to dowry demands (19 lakhs) via coercion by my husband. I gave proofs of money transfer form 2019 to 2021. I underwent cross examination by his advocate and confirmed that I want divorce., but he wants compromiseOur case is posted for arguments in February 2025,. My side arguments are over but my husband is not coming forward for arguments by not hiring lawyer. Can I file a money recovery case against my husband?

Advocate K V Swajith Reddy answered
Yes, you can file a separate civil suit for recovery of the amount if you have proof of money transfers and can establish that the payments were made under coercion or unlawful demand. The pendency of the divorce case does not prevent you from initiating a money recovery proceeding. Also, if your husband is deliberately not appearing or not advancing arguments, the court can proceed ex-parte and decide the divorce matter on merits.

Q: Shall we take husband assts & bank statement through RTI ?

Husband assts & bank statements as a wife through RTI ? Please

Advocate K V Swajith Reddy answered
No, a wife cannot obtain her husband’s bank statements or personal financial details through an RTI application, as banks are not required to disclose third-party personal information under the RTI Act due to privacy protections. However, in matrimonial or maintenance proceedings, she can request disclosure of income, assets, and bank statements through the court by filing an appropriate application. The court has the power to direct the husband to produce financial documents if relevant to the case.

Q: Layout Boundary wrongly mentioned instead of a plot mentioned as road

At the time of sale of the plot in a layout ,one of the boundary is mentioned as road instead of a remaining space of the same plot(road dimension) is not specified Now the buyer is asking to keep it as a road and also stoping the buyers to buy the remaining space Which is the best approach to obtain and do the sale

Advocate K V Swajith Reddy answered
If the registered sale deed mentions one boundary as “road,” it may create a presumption that the area is meant for common access, especially if it matches the approved layout plan. First, verify the sanctioned layout plan and municipal records to see whether that portion is officially earmarked as a road or remains part of your plot. If it is not an approved road and no dedication was made to the local authority, you may clarify the mistake through a Rectification Deed with consent of the concerned party. If the buyer is interfering without legal basis, you may issue a legal notice and, if required, file a suit for declaration and injunction to protect your title before proceeding with sale of the remaining portion. Proper document verification is essential before taking steps.

Q: Mentioning about retention of Debtor's Service Book in Legal Notice

Is it wise to mention in the Legal Notice about the retention of Debtor's Service Book wth the Creditor towards Security?

Advocate K V Swajith Reddy answered
It is not advisable to highlight retention of the debtor’s service book as security in a cheque bounce legal notice, unless it is legally supported by a written agreement. Mentioning such retention may weaken your case or allow the debtor to raise allegations of coercion or unlawful withholding of documents. A notice under Section 138 NI Act should focus strictly on the issuance of cheque, dishonour, legally enforceable debt, and demand for payment within statutory time. Any collateral security can be explained later if required, but it need not be emphasized in the statutory notice.