Advocate K V Swajith Reddy

Questions Answered by Advocate K V Swajith Reddy (25+ answers)

Q: Wife left the house and living some where and hiding the place details

Wife left the home and its joint property which is on both of us name gave the property to rent without any information and she changed my son school without any information to me. Now what steps can I take she already filed 498a case. Now can file a civil case injunction and partition case on property now? Now she going to file DV also. What options I have legally now please advise. All these she is doing when I came to know that she is talking and roaming with a third person over a year.

Advocate K V Swajith Reddy answered
If the property stands jointly in both names, one co-owner cannot ordinarily exclude the other from his legal rights in the property. Depending on the nature of ownership and facts, you may explore appropriate civil remedies including partition and, if necessary, injunctions to protect your interests. As regards the child, courts primarily consider the welfare of the child, and changing schools without your consent may be a relevant factor but does not automatically make the action illegal. The 498A proceedings, any proposed DV case, property disputes, custody issues, and matrimonial disputes are separate proceedings and should be dealt with independently. Mere suspicion or allegations regarding a third person are not sufficient; legally admissible evidence is required if you intend to rely upon such facts.

Q: My wife filed 498a on me and my mom can file divorce case now

My wife filed 498a on me and my mom in tenali ps. Now can i file a divorce case in Hyderabad where she residing and our property present. I am working in pune. In april i got her call records from airtel thanks app where I noticed 423 call with him how can i implead in this divorce case. He is nowhere related to her job or colleague nor related to her field. When I ask about those calls she filed a case on me. How to prove their dowry allegations are false court will ask the bank transfer proofs

Advocate K V Swajith Reddy answered
A divorce petition can generally be filed at a place where the marriage was solemnized, where the parties last resided together, or where the wife is presently residing, depending on the facts and applicable provisions. As regards the call records, mere frequency of calls by itself may not prove adultery or misconduct; you must have legally admissible evidence. In the 498A case, the burden is on the prosecution to prove its allegations. If dowry payments are alleged, documentary evidence such as bank transfers, transaction records, witnesses, and surrounding circumstances may be examined by the court. Defend the criminal case on its own merits and pursue matrimonial remedies separately

Q: Bad service from bigc and apple

I bought an iphone from bigc and i used it three months and it git some internal issues. I submitted in authorised service center and they gave me a report that no physical damage and liquid damage. Apple repair store denied the service under warranty and returned my phone e back. I called bigc for support and they used bad words on me. Can I file consumer case?

Advocate K V Swajith Reddy answered
Yes, you may file a consumer complaint if you have a service report showing that the device suffered from an internal defect and there was no physical or liquid damage, yet warranty service was denied without valid justification. Such conduct may amount to deficiency in service and unfair trade practice. Preserve the purchase invoice, warranty details, service centre report, emails, and call records. However, success will depend on the reasons given for denying warranty and the evidence available to establish that the defect is covered under the warranty terms.

Q: How is MC Case in HYD ? 6 Lakhs Income Spouse Stopped working filed MC

My Spouse was making 6 Lakhs per month in a Foreign Country. She stopped working for few months now and filed a MC case. Prior to filing this case and until few months back she was making 6 Lakhs. No Kids, few months marriage, masters degree, healthy women.How is Hyderabad court Judges treating these cases now a days ? I see in North India many Judges are denying these cases. I want to understand about south India HyderabadWhat are my chances of winning this case

Advocate K V Swajith Reddy answered
There is no legal principle that maintenance claims are decided differently in North India and South India. Courts across India apply the same statutory provisions and are guided by the same Supreme Court precedents. Further, there is no straight-jacket formula for granting or denying maintenance. The court will examine all relevant facts, including the wife's qualifications, past employment, earning capacity, present income, assets, standard of living, and importantly, the reasons why she stopped working. If she was earning substantially before filing the case, that fact can certainly be brought on record. However, the outcome will depend on the evidence and circumstances of the particular case rather than any regional trend.

Q: Forcefully stay with inlaws and domestic violence

My inlaws mistreated me and instructed to stay away with them...and I went separate with my husband..after they misleded my husband against me and then he beated me few times for their parents..before marriage he promised me to stay away from acting and now he is doing reels , photoshoots and posting in public with his contact number.am feeling so insecure because of his social media attention seeking.he knows that I don't like those behaviour but still he is doing same.what action should I take

Advocate K V Swajith Reddy answered
If your husband has physically assaulted you or subjected you to cruelty, you may take appropriate legal action under the applicable criminal laws and also seek remedies under the Protection of Women from Domestic Violence Act. However, merely because he is creating reels, doing photoshoots, posting content on social media, or publicising his contact details does not by itself give rise to a legal cause of action. A person cannot ordinarily be restrained from carrying on lawful activities simply because the spouse dislikes them. Legal action would arise only if his social media activity involves harassment, defamation, threats, invasion of privacy, or misuse of your photographs or personal information.