Advocate N Venkateswara Rao

Questions Answered by Advocate N Venkateswara Rao

Q: Certified Copies/Limitation/Appeal to High Court

My lower court is Additional District Judge Court, Gudivada. The dispute in question is a partition suit, date of passing the judgement is 16-07-2019. To appeal in highcourt I understand the time limit ends on 16-10-2019. My legal counsel says he has applied for the certified copies but the same are not provided yet. In the meantime 1)Can I file an appeal to high court of AP without the copies? 2) Also, Is it possible to file the case after the time limit expires (due to non- receipt of certified copies)

Advocate N Venkateswara Rao answered
Time limitation starts from the date of getting order copy. Dont worry. Pl ensure whether your advocate filed copy application within 3 days from the date of order. Otherwise limitation would go. Hope its upto your sati satisfaction.

Q: Can a case be filed against illegal construction of road by police

The person who worked as a police constable built a road illegally from our farm. I do not have to do justice to the police station. Will we have an immediate help if we approach the Court?

Advocate N Venkateswara Rao answered
Yes. Go and file writ petition challenging the action. No one can built road illegally in a private land. It is absolutely illegal and right to property is a right of the person. You can approach any good lawyer and challenge the action.

Q: On what grounds is alimony decided by the court

Sir, my marriage has done on 7-11-2015.my wife has stayed with me only 10 days then after she left the home with out intimating me and staying with her parents.i hv done so many trails but she never responded.on 3-3-2017 police has called to me and he told that 498A filed on u.At that time i showed some evidence like messages and voice recordings on that she told celarly she doesnt want me.after that date no more actions on me up to now. my question is if she file the divorce,then how much can i pay the maintenance to her?im doing a private job and my salary is 22 thousand p.m

Advocate N Venkateswara Rao answered
Permanent alimony is fixed basing on your financial capability proved by your wife. When you want to live with her, you can stick on to the same and tell to the court that without any sufficient reason she left you and filed the false case. Now she will also go for DVC case as well as M.C.. In such a case, you will have to pay maintenance but you will be under obligation to pay maintenance in both the cases. So the maintenance will be decided on your capability and proving of the same by your wife before the court.

Q: Filing crMP to condone delay of filing appeal against acquittal.

on 26.2.2016 the trail court acquitted me in the criminal case filed by police . on 15.7.2016 the district magistrate directed PP to file appeal in sessions court.( I collected the letter from railways as police sent copy of that letter to railways) but recently the state (PP) file crMP to condone the delay of 375 days in filing appeal . is there no time limit for the order of magistrate. kindly advice

Advocate N Venkateswara Rao answered
There is limitation for every appeal filed before the appellate court. The delay shall be explained on day to day basis. Simple explanation is not enough. But you will get the opportunity of filing counter therein. Even though opposed, generally the Court will condone the delay and proceed with the case.

Q: Husband not giving maintenance for children and wife. How to claim

i am an Engineer,with goodwill i allowed my husbnds(whom i made to write MICROSOFT EXAMS,MADE HIM TO STUDY ENGINEERING) ..Uneducated sister,her 2 kids,her inlaws,his brother,his relatives to my house from 2004 onwards ie after our marriage as my husbnd parents passed away bef.our marr.I have given those people lot of RESPECT,BELIEVED THEM LOT allowing them to stay in my house along with us ,my car to roam along with my husband...they started staying for 15-20days & coming frequently to our house...1st 2-3yrs they were ok...but from 2008 onwards my husbds sister,her major son,my husbnd brother taking away my husband from me & my 2 children with different planned dramas....my children now in VII, V std...my husbands salary is being taken away by his sister,,her major son,elder brother...MY HUSBAND GETTING 1 LAC pm but with lot of difficult paying only school fee ,spending hardly 4...5k pm on my kids. I WANT MY HUSBAND to feel RESPOSIBILITY OF ME,MY KIDS,,,SHOULD BEAR OUR EXPEnditure,,,

Advocate N Venkateswara Rao answered
Please file a maintenance case against your husband seeking maintenance under Sec.125 Cr.P.C. You can claim maintenance of your children as well as yourself so that your people can survive. The court surely grants maintenance. To keep away all relatives of your husband from harassment, you may file Sec.498A IPC against them and your husband.