Advocate Mohanraj

Questions Answered by Advocate Mohanraj

Q: மனுதாரர் மனைவியுடைய முகவரி தவறாக பதிவு தீர்ப்பு பெற்று விட்டார்

மனைவி தன்னுடைய முகவரியே தவறாக பதிந்து சார்பு நீதிமன்றம் சத்தியமங்கலம் வழக்கு நடத்தி எக்ஸ்போர்ட் தீர்ப்பை பெற்றுக் கொண்டார் 28.11.2025.பிறகு7.3.2026 இரண்டாம் திருமணம் செய்து கொண்டார்

Advocate Mohanraj answered
a divorce obtained by fraud is not valid you can challenge the order in the high court since it has lapsed 90 days, you can file for condonation and proceed, collect all the necessary proofs before proceeding

Q: Filing case against father to bear maintenence charges of daughter

I & my husband are living separately. My daughter s with me. Turning 18 yrs in few months. I fully take care of all her expenses. We both are govt servants salaried. Can I file case to claim maintenence charges and college fees from him?

Advocate Mohanraj answered
Yes, you can file a maintenance claim for your daughter's expenses and college fees, even though she is close to turning 18. Under Section 125 CrPC (now Section 144 BNSS), a father is bound to maintain his unmarried daughter until she is able to maintain herself, and courts have consistently held that this extends beyond 18 if she is pursuing higher education and financially dependent. You can also proceed under Section 20 of the Hindu Adoption and Maintenance Act, 1956, which similarly obligates a father to maintain an unmarried daughter unable to support herself, including reasonable educational expenses.Since you are both government servants with fixed salaries, the court will typically apportion the daughter's expenses (education, living costs) based on both parents' income, not assume the custodial parent bears it alone. You may file the petition before the Family Court having jurisdiction where you or your daughter reside.

Q: Fake fir filed from father in law

Not able to see fir copy in online and our advocate visited the station asked for fir details but they told si on leave they only have fir details like that .

Advocate Mohanraj answered
You have a legal right to obtain a copy of the FIR free of cost under Section 154(2) CrPC, and in many states it must be uploaded online within 24-48 hours of registration under directions from the Supreme Court (Youth Bar Association case). If it's not visible on the state police website, this could be due to it being a sensitive category case (e.g., POCSO, matrimonial, certain sections) which many states exempt from online publication for privacy reasons.Since the Investigating Officer/SI is on leave, you can:Request the FIR copy from the Station House Officer (SHO) or the officer currently in charge (in the SI's absence, someone must be handling the desk).Apply in writing (with acknowledgment) for a certified copy of the FIR from the police station.File an RTI application with the police department if the above doesn't work.Approach the local Magistrate's court — once the FIR and chargesheet are filed, a copy can be obtained from the court record section too.If they continue refusing without valid reason, you can file a written complaint with the SP/DCP office, or move an application before the jurisdictional Magistrate seeking a copy under Section 207 CrPC (if chargesheet filed) or otherwise directing the police to comply.

Q: Case Filing to Get dowry and The Wedding Money Back

The husband is asking for mutual divorce but they are not giving the dowry and the wedding money. How to claim them back before applying for divorce case?

Advocate Mohanraj answered
You can claim your dowry articles, jewellery (streedhan), and wedding gifts even before or independently of the divorce proceedings. Streedhan remains the wife's absolute property, and the husband/in-laws have no legal right over it.Steps you can take:1. Send a legal notice to your husband and in-laws demanding return of your streedhan, dowry items, and wedding money, with an itemized list and, if possible, supporting proof (photos, receipts, wedding videos, witness statements).2. If they refuse, you can file a complaint under Section 316 BNS (criminal breach of trust) read with Section 85/86 BNS (cruelty by husband or relatives for dowry demand), by approaching the police or filing directly before a Magistrate under the procedure prescribed in BNSS.3. You may also file an application under the Protection of Women from Domestic Violence Act, 2005, seeking return of streedhan and other reliefs, even without seeking a divorce.4. Alternatively, you can file a civil suit for recovery of movable property/its value.It's advisable to settle the streedhan/dowry issue before or alongside the mutual consent divorce petition, since once the divorce is finalized, enforcing these claims can become procedurally harder if not addressed in the settlement terms. I'd recommend a consultation to review your documentation and decide the best route for your specific facts.

Q: Financial negligence/ Domestic violence

My sister married to a guy in Chennai, His financial situation is not disclosed, despite he receives decent salary struggles to meet basic family needs. It is unknown where he is spending. If any question raises regarding finances he is abusing verbally and physically. After 4 episodes of physical abuse we took my sister to our home. It’s been 2 years, he is threatening her in phone not to work, not allowing child to go to school without his permission even he doesn’t come to my house. Solution?

Advocate Mohanraj answered
Your sister should first file a Domestic Violence complaint under the Protection of Women from Domestic Violence Act, 2005 — the physical abuse and threats qualify. This can secure a protection order, residence order, and monetary relief.She can also file for maintenance for herself and the child under Section 125 CrPC, and seek an injunction to stop him from interfering with the child's schooling or her work — his threats have no legal basis to restrict either.Since she's been separated 2 years with abuse on record, she may also consider filing for divorce on grounds of cruelty. Recommend she consult a local advocate to file the DV case and gather any evidence (messages, medical records, witnesses) first.