Advocate Naresh Gaddapati

Questions Answered by Advocate Naresh Gaddapati

Q: Asking for increase in regular monthly maintenance given by my Son

My Elder son is PSBank Employee. He is earning 80k per month. He is voluntarily giving 10k per month as maintenance. We are demanding 15k but he is refusing and claiming its hard to him as he has a wife and Daughter and living in city in rented house. I have not given any property or gold anything to him in inheritance. My age is 57 and my wife is 55. We don't have any income. My younger son is doing small business at home town. I'm an alcoholic and getting sick frequent. Can I demand this.

Advocate Naresh Gaddapati answered
Yes, you and your wife can legally claim maintenance from your sons. Under Indian law, children who have sufficient means are bound to maintain their parents who cannot maintain themselves. Two remedies are available to you.First, under Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced Section 125 of the old Criminal Procedure Code, a father or mother who cannot maintain themselves can file a maintenance petition before the Family Court or Magistrate where they reside. There is no upper limit on the amount. The court fixes a reasonable sum based on the son's income and liabilities and your actual needs.Second, under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, a parent can apply to the Maintenance Tribunal, usually the RDO or Sub Divisional Officer. This remedy is available to parents of any age, so you need not be sixty. It is quicker and cheaper and does not require a lawyer. However, the Tribunal can award a maximum of Rupees ten thousand per month.Please keep these practical points in mind.Your younger son is equally responsible for maintaining you. The court will consider his income too and may divide the burden between both sons. The elder son cannot be made to bear the whole amount alone.Your elder son's wife, daughter and house rent are legitimate expenses, and the court will take them into account. Since he earns about Rupees eighty thousand, a demand of Rupees fifteen thousand for both parents is not unreasonable, especially if you can prove regular medical expenses.Maintenance is meant for food, shelter, clothing and medical care. If it appears that the money is being spent on alcohol, the court may view your claim less favourably. I strongly suggest you seek medical treatment for your health and keep all hospital and medicine bills, as they will directly support a higher claim.Before going to court, I suggest a family discussion or mediation, since your son is already paying voluntarily. If that fails, you may file under either remedy

Q: Family declarement in Ration Card

As being his wish and will and has brought up from his child hood his younger brother eldest brother declared him as his son and same relation continued till his death. Now the question here is Despite the pink has not been continued in the latest days . Does the card family relation declaration is valid ? And the same can be used ?

Advocate Naresh Gaddapati answered
Dear Sir,I understand the emotional bond here. Your eldest brother raised his younger brother from childhood, treated him as his own son, and that relationship continued until his death. Legally, though, a declaration or an entry in a family card or ration card does not by itself make a person a legal son.If the family is Hindu, a valid adoption is governed by the Hindu Adoptions and Maintenance Act 1956. Under Sections 6 to 11, an adoption is valid only if there was an actual giving and taking of the child by the natural parent, the child was below 15 years and unmarried at the time unless a custom allows otherwise, and the adopting brother had his wife's consent if he was married. Simply bringing up a child, calling him a son, or recording him in a family card is not adoption in the eyes of law. Courts have consistently held this. A registered adoption deed creates a strong presumption of valid adoption under Section 16, but a family card entry does not.That said, the family card and similar records are not useless. They can be used as supporting evidence of the relationship, along with school records, photographs, witnesses and any written documents. They cannot replace proof of a valid adoption.Even if the adoption is not legally proved, there are other routes. If your eldest brother left a written Will in his younger brother's favour, the younger brother can claim the property under that Will through probate or a legal heir proceeding. If there is no Will and the deceased left no wife, children or mother, the younger brother may still inherit as a Class II heir under the Hindu Succession Act 1956, as a brother.To advise you properly, I need to know the religion of the family, whether any adoption ceremony or registered adoption deed exists, the younger brother's age when he was taken in, whether the deceased was married and left a wife, children or mother, whether he left a written Will, and for what purpose you want to use this declaration, such as property, pension, compassionate appointment or a legal heir certificate.Please share these details and I will guide you on the exact remedy and procedure.

Q: Road accident at night when pedestrian crossing the road

I was booked under section bns 125b and mv act 180, 181 and 196 for the accident that was happened in May , victim family took 50,000 as compensation and demanded more money , due to financial problems i didn't paid them so went to police station and filed the case , after the collision, i immediately admitted the victim to the near by hospital by calling ambulance,I have proof of ambulance call record and payment receipt... I voluntarily doesn't case the collision.

Advocate Naresh Gaddapati answered
Namaste SirPlease do not panic, the offences registered against you are not very serious in nature and the matter can be handled properly with the right approachSection 125 b of the Bharatiya Nyaya Sanhita applies where grievous hurt is caused by a rash or negligent act, it carries punishment up to three years or fine up to ten thousand rupees or both, and it is a bailable offence, so you are entitled to bail as a matter of right and there is no need to fear arrestYou are correct that intention is not required for this offence, the police must prove that you were driving rashly or negligently, so the real defence lies in showing how the accident actually happened, through site conditions, eyewitnesses and the manner of collisionYour conduct in immediately calling the ambulance and admitting the victim to hospital is very much in your favour, it shows your bona fides and also shows that you complied with your legal duty under the Motor Vehicles Act, so preserve the call record, hospital receipts and the proof of the fifty thousand rupees paid to the family very carefullyThe offences under Sections 180, 181 and 196 of the Motor Vehicles Act relate to allowing an unlicensed person to drive, driving without a licence and driving an uninsured vehicle, these are minor offences punishable mostly with fine and can be compoundedThe more important concern for you is civil liability, since the vehicle appears to have had no insurance, if the victim files a compensation claim before the Motor Accident Claims Tribunal, the entire compensation will have to be paid by you personally, and the amount already paid by you can be put forward for adjustmentOffence under Section 125 b is compoundable by the injured person, so the best practical course is to settle the matter with the victim, either directly or through Lok Adalat, and once a written compromise is reached the criminal case can be closed and a full settlement can also cover any future compensation claimPlease note that merely demanding more money is not a crime by itself, but if the family threatens or harasses you, keep a record of itTo guide you further, kindly let me know the nature of injuries suffered by the victim, whether the police have filed the charge sheet, whether you are the owner of the vehicle, the driver or both, and whether any compensation claim has already been filedI would advise you to engage a local advocate immediately to obtain bail when summoned and to explore settlement at the earliest

Q: My husband is not giving any financial support for family monthly expe

what rights do we hav to get financial support for me as wife and my 2 children and he acts like no job, but, havng sufficient money for his parents, friends, movies, and himself, except for we 3. He acts unhealthy and never was transparent and genuine in financial support. Creating trauma, blaming,black mailing abandon of us if we ask him money fr our bare requirements. My monthly salary is not sufficient in this metro city to pay rent, maintnance, fees mnthly expenses, electricity,etc.

Advocate Naresh Gaddapati answered
Madam,The law is clearly on your side. A husband cannot avoid maintaining his wife and children by pretending to have no job, especially when he spends freely on his parents, friends and himself. Your own salary does not take away your right if it is not enough to keep up the standard of living you are entitled to in the matrimonial home.You have the following remedies.First, a petition for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 CrPC. It can be filed before the Family Court where you presently reside, for yourself and both children. You can also seek interim maintenance while the case is pending.Second, a complaint under the Protection of Women from Domestic Violence Act, 2005. Refusing money for basic needs, blackmailing and threatening to abandon you are economic and emotional abuse under this Act. The Magistrate can grant monthly maintenance, rent, school fees, medical expenses, residence rights and protection orders, all in the same case.Third, if you are Hindu, you can also claim maintenance under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956.On his claim of having no job, the Supreme Court has held in Anju Garg v Deepak Kumar Garg, 2022, that an able bodied husband must earn and maintain his family even through manual labour. In Rajnesh v Neha, 2020, the Court made it compulsory for both parties to file an affidavit of income, assets and expenses. If he hides income, the Court can draw adverse inference. Maintenance is usually awarded from the date of filing the petition.Immediately start collecting evidence such as his bank statements if available, UPI transfers to others, social media posts of outings and purchases, his qualifications and past employment, your monthly expense details, school fee receipts, rent receipts, and messages showing threats or refusal.To advise you more precisely, I would need to know your religion, whether you are still living with him, the ages of the children, his qualifications and last known income, and your monthly salary.

Q: 3 phase current phase drop issue

I seek legal advice on challenging the ₹4.5 lakh penalty imposed by TGSCPDCL. I want the penalty withdrawn or substantially reduced due to the lack of proper notice, absence of phase-current measurements in my presence, and failure to detect the alleged issue during regular meter readings. I also seek guidance on obtaining a stay on recovery, challenging the inspection findings, and pursuing appropriate remedies before the relevant electricity grievance forum, Ombudsman, or court.

Advocate Naresh Gaddapati answered
Namaste SirI have gone through your query carefully, and the first thing you must check is the Section of the Electricity Act 2003 mentioned in the notice or assessment order, because your remedy depends entirely on thatIf the assessment is under Section 126, it is a case of alleged unauthorised use, and if it is under Section 135, it is treated as alleged theft of electricity, which is far more serious and may also involve a criminal case before the Special CourtPlease note that the CGRF and the Vidyut Ombudsman have no jurisdiction over assessments under Sections 126 and 135, and the Supreme Court in Uttar Pradesh Power Corporation Limited versus Anis Ahmad, 2013, has held that a Consumer Commission also cannot entertain such cases, so filing before these forums would only waste your valuable timeIf it is a provisional assessment under Section 126, you should immediately file detailed written objections before the Assessing Officer within the time given in the notice and ask for a personal hearing, and if a final order is passed against you, you can file an appeal under Section 127 within 30 days by depositing 50 percent of the assessed amount, after which no coercive recovery or disconnection can normally be taken while the appeal is pendingIf the assessment is under Section 135, you should file objections and request a hearing before the Assessing Officer, and if the order is passed in violation of natural justice or without proper evidence, you can approach the Telangana High Court by way of a Writ Petition under Article 226 seeking to set aside the assessment and an interim stay on recovery and disconnection, and in practice the High Court usually grants a stay subject to a conditional part depositYour grounds are good ones, namely inspection and phase current measurements done in your absence, no copy of the inspection report or panchnama given to you, the meter not being sealed in your presence and tested at an accredited laboratory, and no abnormality being noticed during regular monthly meter readings over the same period, and you should also check whether the assessment period exceeds 12 months and whether the load and hours of use have been correctly applied, since excessive back billing is a common error in such casesKindly send me the Section under which the order is issued, whether it is provisional or final, the date you received it, the inspection report if supplied, your consumer category, and whether any police case has been registered, so that I can advise you on the exact forum and draft your objections or petition without delay