Advocate Mohan S

Questions Answered by Advocate Mohan S

Q: Steps against a issue of summons in matter which is not maintainable

i want to know if there is any judgement of supreme court or any high court which is related to "a judge should not issue summons to the defendant/respondent in which the matter is not maintainable". Like if u/s 14(1)(e) DRC Act the judge should not summon the defendant if the rent value in the suit is Rs 80000 per month.

Advocate Mohan S answered
Hi,Judges are taking appropriate steps before admission of a case and in issue summons. There are some other mandatory facts must be missing. But if you feel it than go for revision against order summoning orders.

Q: Private institute not refunding money, what action can I take ?

Hello sir Mene apani institute se deposite fee refund ke liye 3 month delay hoga ya tha uski detail jankari ku delay hua aur institute ki procedure ky hai sab jankari written mai rti ke ander mangi thi lekin one month ho gya abhi tak unka koi reply nahi aaya so next step what I have to do can I take legal action against them

Advocate Mohan S answered
Dear, First,Pvt organizations are not comes under the purview of the RTI act. Second, you haven't disclosed the fact that why you seeks refund of fee. But if you have reasonable grounds for refund then you have to file suit for recovery along with damages as now these issues not covered under consumer act.Feel free to communicate if have any query. Have a good day

Q: Case filed for dowry by my wife against me and my parent

My wife has filed an FIR which has allegations that me and my fathe r& mother have taken the gold items and sridhan ?My lawer has said that we need to apply for Anticipatory bails and there would be Rs 45000 fees for three bails however wife has taken away all jewellery and her items and belongings and she filed a FIR which she refused to withdraw .Guide me , way to get bail or do we need to fear from police that we can be arrested any time .She has intentionally mentioned name of my father & mother to harasss me. should we wait police come or send notice or accept my lawyer's advice.

Advocate Mohan S answered
Hi there, in this situation your arrest is completely at the discretion of the police officer after the recent supreme court judgement. It is a wise decision to apply for anticipatory bail to clear the clouds. Allegations raised in the complaint are common in nature. You have to defend ur self in trial. For get advice in detail plz take appointment

Q: Mental & physical harassment through husband. What can i do?

Respected sir, I last 4 monts before i got married one of veterinary doctor.befor marrige he convince my family for marry with me.we both are taking decision but now he mentally harass me due to dawary issue & his elder brother interfaire in our personal things.& abuse me.also one day he bitten me too much.his earning is very well but due to his family interfairance he not behave with me well& good.now he everytime says that left-out my home & go anywhere i am mentally distrub what can i do.

Advocate Mohan S answered
Before answer your query I have to asked you what is your wish? do you want to continue this relationship or not?Initially without knowing your answer i assumed that you are not interested to continue your relation. As if this is the situation within 4 months what will be the next.You have to file case under domestic violence act and move a complaint before the concerned women cell for the demand of dowry.you are requested to take help of any experience layer to draft all these applications as the each and every fact is important in deciding your case and your benefits.don't compromise with that.ThanksMohan S.

Q: Wife left with child. I have no idea about her whereabouts. What to do

Hello Sir, I am an Indian resident 39 years old married in 1st July 2008 and now lives in Pune for last 4 years.My wife left my rented house at Pune with some argument (why i should not surrender my salary to her although i manage family expenses) with my son on 3rd May 2015 instead of my opposition not to shift the child to Chennai. On 11th May 2015, i travel to Chennai to see the family on occasion of my child birth day.Unfortunately i am unable meet my family as the address given by her was fake one. I have registered a missing compliant at local police station on 12th June.

Advocate Mohan S answered
Dear Sir,File a section 9 HMA application to get her back and get it service done at the last known address or as many addresses you know about her friends and relatives.This will support you to protect from any unseen incident iin near future.Thanks