Advocate L. Ramesh

Questions Answered by Advocate L. Ramesh (25+ answers)

Q: How to avoid regular passovers taken by the opposite party ?

The petitioner and respondent were present in the first calling, and the case stands passed over for petitioner argument. The petitioner went to the restroom and returned within 30 minutes. In the meantime, the respondent sought the next date of hearing after two months in the presence of the petitioner. Kindly tell whether it is permissible, and if not, what action can be taken by the petitioner in this instance. What is passover in court? Thank you.

Advocate L. Ramesh answered
Requesting time is permissible, but granting two months is not common. At most, the court may allow 15 days unless the Respondent needs to submit specific documents and has applied for a copy application in the concerned department. If the court accepts their version, they may grant two months.

Q: Who gets the child custody after father's death?

A friend of mine committed suicide due to personal problems, and before he died he had called his mom and told that he was coming home (from a relative's house) because his wife was causing trouble like she did sometime back. Apparently, now his family has come to know that this girl has been having illegal affairs and she wants to marry that guy now. They had two kids (7 years old boy and 3 years old girl) whom she wants to take with her for the property of my deceased friend. The kids have been brought up by my friend's parents so far and this girl hits the children and scares them if they are not with her. Who can have the kids in this situation? She doesn't have the financial status or anything to take care of the kids. The kids will grow safe and healthy and get good education with the grandparents. Is there any way to save the children? Hindu family, what is the law for guardianship of a child in case of parents death india ?

Advocate L. Ramesh answered
Yes. the grand parents may file a guardian op suit in concern principal district judge court and proper reasons stated regarding safety and healthy of their grand childrens and they have to prove that their daughter in law was not properly care her children. Surely PDJ will order in favour of grand parents.

Q: Regarding Newly bought Scoteer milage issue

I bought a scooty on jan 2023.During purchase they tell that it gives a milage of 50-55 kms/lit.After purchase from the starting itself the scooty gives only a milegae of 30-35 kms/lit.when I approched the service centre they tell that they will solve the problem and do some checks and said now check the milage and tell.. But after that also the same problem continues.. I gone to the service centre for 4 times.. Same problem continues.. What is the solution.. Can I file a civil case against the dealer/ company.

Advocate L. Ramesh answered
if the company gave written authenticated. then you may file case in consumer court with proper. documents. you may also add dealer as your side witness if he accepts. otherwise you may file petition agaist both in consumer forum

Q: Hi, nI have filed a FIR against one person who gave love torture so I filed a case .it's been 4years

Hi, nI have filed a FIR against one person who gave love torture so I filed a case .it's been 4years I forgot the issue now. I got married and I have a kid now.but now I got a summon from court. Should I visit? Is it mandatory? What will happen if both the parties don't visit court after the summon?

Advocate L. Ramesh answered
some clarity is needed. whether you received summon through police or summon through post. similarly what are the sections has FIR was filed. If summon through police, you have to attend the court. otherwise witness warrant is to be issued

Q: How to get husband's gold from wife's family after divorce

Hello Sir/Madam,Due to a false complaint by my wife and ill treatment by her family, I failed divorce and it's in progress. During the last 4 years I saved some gold (15 sovereign) and it was kept in her father's bank locker. Please advice how can I get my gold back from them? Can I also get "Mangalyam" which is 7 sovereign that I put during wedding. Also her father gave me only one bracelet and ring (3 sovereign) but she took it back with her already.

Advocate L. Ramesh answered
you have to mention in divorce petition itself. ok no problem after enquiry you may file interim petition and may ask your valuables. that petition will be decided after enquiry of both and order may be passed