Advocate R Aneesan

Questions Answered by Advocate R Aneesan

Q: Defamation case against husband what to do

My husband is working in IT. And I'm house wife wit 3 yrs old kid. He always insist me to ask money, asset, rent amount from my parents n he troucher me sexually and he as spoke sexually and showed some video to my elder sister. Bcoz of all attitude I took some close photos wit my neighbour. Those pics was in my gmail drive. He as opened my account when I was not wit him with out my permission and downloaded all the pics and he thrend me wit those photos that he ll show all those Photo to family members and finally he showed all the photos to my family side n his friends. Now I need to file a divorce against him. PlS help me out

Advocate R Aneesan answered
Yes you can file divorce as well as dowry harrassment and domestic violence against your husband. And also you can ask for maintenance for you and your kid. You can also file police complaint regarding the harrassment he caused you. You can also ask them to arrest him..

Q: Right over the business started by my dad and run by his brothers

Hi Sir, My Dad started the business 20 years before and his brothers also joined him since 7 years of starting date. It is sole trading registered in my dad name. Now my dad passed away 10 days before, and the business were run by his brothers. When we contacted an auditor, he is suggesting my dad's brother to register under his name to run the business. We asked about the assets and liabilities, he intervened and said that whoever runs the business, they will take care of this and close anything in my dad's name. In this case, what rights we have to claim the business or share the business or take our share thru valuation and exit the business. We are clueless and confused by statement from auditor, Please advise.

Advocate R Aneesan answered
You are the class one legal heir, So only you have the right over the Business. The registration can be changed only with your mother and your consent. So you can claim your full right to your father's business. If auditor is not agreeing change the Auditor...

Q: How can I get a divorce if my husband is not ready for separation

I got married in 2004. Husband was involved in many affairs from the start. He got arrested along with a woman in 2012 for a bank fraud case. He is not of any support to me and my children. I am taking care of my 2 sons (13 yrs and 6 yrs). He is not ready for mutual divorce. How can i divorce him and move out peacefully with my 2 children?

Advocate R Aneesan answered
You have all rights to file divorce in cruelty and adultry ground. With that you can also ask for intrim maintenance in separate petition for your kids and their education. You need not wait for mutual divorce.

Q: Clarification on filing of declaration suit for title by plaintiff

Partition deed registered by forgery for 1/5 share of plaintiff's property by third persons who have no title and no relationship to plaintiff. Now I have to file declaration suit for declaration of title of plaintiff. Can i file declaration suit for 1/5 share of plaintiff's property or whole of plaintiff's property

Advocate R Aneesan answered
First of all the person who can't claim the legal heir certificate, can't file for partition suite. If so you have to file dismiss for default first and then you can file the declaration suite. Regarding declaration you have to file it for whole property.

Q: Partners not sharing profits and showing fake loss

Hi Team, we run a MILL business in partnership. Its a 50-50 investment. total of 80L in which 40L is our investement. Now there occured a dispute between partners as they didnt share profit with us and showing fake loss. Now we're trying to quit from partnership. Is it ok to get a stay order for MILL?

Advocate R Aneesan answered
Is your mill is Pvt limited or partnership firm? In anyways you can legally demand to produce the accounts through the court first and ask for a proper audit through a auditor. Then can plan about the way out from your mill.