Advocate Naga Sudharsanarao Chinchili

Questions Answered by Advocate Naga Sudharsanarao Chinchili

Q: In order to stop highcourt stay and quash

My husband filed 498a quash in highcourt..he is getting stay since from one year based on my previous disposing cases of my dvc mc lokadalath granted award but he left within 20days after my disposing of case... in that 498a also mentioned but as it is criminal offence the court said that soon if we are living happily it might be disposed ..he cheated me and disposed my cases and left me ..it's been one year since he filed for 498a quash it is FOR ADMISSION stage is there any way to vacate stay

Advocate Naga Sudharsanarao Chinchili answered
To vacate the interim stay order granted in your husband's 498A Quash Petition, your advocate must file a Vacate Stay Petition along with a detailed Counter Affidavit in the High Court. Clearly highlight in the affidavit that he obtained the Lok Adalat settlement in bad faith and deserted you within 20 days, thereby violating the compromise terms and committing fraud upon the court. Point out that the quash petition has been pending at the admission stage for over a year, and request the court for an early hearing or dismissal of the stay based on Supreme Court directives discouraging indefinite interim stays. Additionally, you can move an application before the trial court for the restoration of your DVC and Maintenance (MC) cases on the grounds that the Lok Adalat award was procured through deceit and non-compliance.

Q: Possible to find a previous marriage

I got to know from my mutual friend that my boyfriend is married already, I can not trust the mutal friend and I want to verify my boyfriend is already married or not without asking him directly how can I find it?As asking might spoil our relationship

Advocate Naga Sudharsanarao Chinchili answered
To discretely verify your boyfriend's marital status without confronting him directly, you can explore a few legal and confidential avenues. First, you can apply for marriage certificate records at the local Sub-Registrar or Marriage Registration Office under public records search or via an RTI application if you know his residential area. Second, check the eCourts website or public judicial database using his full name to see if any matrimonial disputes, restitution of conjugal rights petitions, or divorce cases are registered under his name. Third, hiring a licensed private investigation agency is a common practice to gather discrete, concrete documentary proof. Note that if he is already married and concealing it, entering into a marital relationship based on deceit may attract legal action under Bharatiya Nyaya Sanhita (BNS) for fraud or bigamy.

Q: She filed judicial seperation against me

My second marriage has turned into a nightmare due to my wife's infidelity, hidden affairs, and unexplained financial discrepancies where her spending far exceeds her salary. When I confronted her and asked her to change, she retaliated by filing for judicial separation. Relatives have confirmed a pattern of multiple confidential affairs, and I need guidance on how to legally gather proof, protect myself, and take appropriate legal action against her.

Advocate Naga Sudharsanarao Chinchili answered
To address the claims of infidelity and financial discrepancies, you must systematically secure bank statements, digital messages, and call detail records (CDRs). For any electronic evidence to be admissible in court, it must be accompanied by a Section 63 Certificate under the Bharatiya Sakshya Adhiniyam, 2023. You can contest her judicial separation petition by filing a detailed Written Statement highlighting her misconduct, and counter-file for divorce under Section 13 of the Hindu Marriage Act on the grounds of adultery and mental cruelty. Under Section 125(4) CrPC / Section 144(4) BNSS, a wife living in adultery is disentitled from claiming maintenance; presenting proof of her employment and hidden financial assets will further block interim maintenance claims under Section 24. Concurrently, notify your banks to freeze or restrict operations on joint accounts and secure all original property deeds in your name.