Advocate R Durgadevi

Questions Answered by Advocate R Durgadevi (25+ answers)

Q: Can the Domestic Violence Act be applied to men in specific instances?

Q1: It is said that the Domestic Violence Act, 2005 can be applicable to men in some cases. Is that true? If so, pls mention under what circumstances and the relevant case laws. A detailed answer would be much appreciated.Q2: If applicable, can an adult son charge a case/complaint against parents for domestic abuse (verbal, emotional and economic abuse)?

Advocate R Durgadevi answered
domestic violence Act only applicable for women and female children.adult son has a remedy to file a complainant before magistrate court or police station regarding your area limit of police station.if it's a matrimony dispute, you can approach the family court.or if you a minor son you can ask maintenance

Q: Legality of Marrying granpas brothers granddaughter from his daughter

Can I marry a person who is my mother's, father's brothers daughters daughter, for example she is cousin which my mothers 2nd grandfathers grand daughter from his daughter side. Her mother and my are sisters according to custom, what is legal status of marrying that girl.

Advocate R Durgadevi answered
if your customary practice accept that, it is valid.for example in Tamilnadu, a woman can marry her uncle (Thai mama), it is accepted by customary practice, it is a valid marriage if want you can register your marriage before the sub registrar after your marriage held

Q: General query regarding interfaith marriage.

My fiance and I have decided to get married without traditional ceremony because we are of different faiths. I'm Pentecost and he is Catholic. I just want to know what is the procedure as we are not solemnising the marriage traditionally. What can or should be done in this scenario?TIA.

Advocate R Durgadevi answered
Your marriage, may be solemnized before a duly licensed Christian Marriage Registrar, as per the provisions of the Indian Christian Marriage Act, 1872 under section 9oryou can marry before the sub registrar you have to give a notice before 30day of the marriage

Q: Need custody of my sister's daughter

my sister is died 6 months before due to cancer Within 10 days she hospitalized . Even we dont know the type of cancer, she died before proper testing. She has a 2 year old child, her husband and her mil having my sister child. They are not taking care her properly . And her FIL is always smoking everyday. We are suspect that is reason for my sister cancer. We worried about our child health. Even they are not showing us the child. The child wanted to stay with us. Is it any chance to get custod

Advocate R Durgadevi answered
Yes, you have a strong legal basis to seek custody of the minor child. The court always prioritizes the best interests and welfare of the child, ensuring they grow up in a safe and healthy environment.In your case, there are valid concerns about the child's well-being. If the child's father and his family are neglecting their care and exposing them to harmful conditions, such as passive smoking, it can be a significant factor in your custody petition. Additionally, if the child wishes to stay with you and can express their preference, the court may consider their wishes, depending on their age and maturity.You can file a petition under the Guardian and Wards Act, 1890, seeking guardianship of the child