Advocate Ragul Sivanand

Questions Answered by Advocate Ragul Sivanand (200+ answers)

Q: How long time to take appeal for divorce case in hight court

How long time to take appeal for divorce case and file seat petition in court . The seat means what how to do this seat petition

Advocate Ragul Sivanand answered
For filing an appeal against a divorce decree passed by the Family Court is ordinarily filed before the jurisdictional High Court under Section 19(1) of the Family Courts Act, within 90 days from the date of the order, subject to applicable rules, and exclusion of the time legally permissible for obtaining a certified copy. If there is a delay, a petition to condone the delay may be filed with sufficient cause.

Q: Query 273407 regarding return of property replied by a lawyer

Further to my query 273407, answerd by a chennai lawyer: One has to look into the Kerala State amendment, why was it needed and taken into indian legal system. If that was applicable to Kerala Hindu, it should be to applicable all indian hindus. Logically/rationaly also it has to return to one who gave, if unused, even if no conditions are there, means indian law has to be changed in line with Kerala State amendment. Ok?!

Advocate Ragul Sivanand answered
The substantive law may differ due to State amendments, whereas court fees are governed by the respective State enactments. Hence, the specific Kerala amendment and its scope must be examined before determining its applicability elsewhere in India. The mere existence of a State amendment does not automatically make it applicable throughout India or necessitate a corresponding change in Central law. Further, the question of reversion of property depends upon the governing statutory provisions and the terms of the transaction.And regarding your earlier query number, I may not have access to the contents of that query through this platform. If you share the specific statutory provision or the Kerala amendment in question, I can examine its legal scope and elucidate its applicability more precisely.

Q: this is regarding my two children custody issue

i have two children aged 4 years and 1 year old .both my mother in law and husband abducted my children from me .i have seen a lawyer to deal the issue since april she got money and now she is not filing the case and she said she is not gonna deal with this and did not give a proper explanation .i am in the middle how can i take forward to get my children

Advocate Ragul Sivanand answered
Don’t delay further. You can approach the District Legal Services Authority (DLSA) for legal assistance if you are unable to engage another advocate.Since the children are only 4 years and 1 year old, you should immediately take appropriate legal steps for their custody and also seek interim custody, according to the circumstances that might warrant. A custody/guardianship proceeding can be initiated before the competent Family Court or the Court having jurisdiction based on your vicinity.If the facts also constitute domestic violence, you may also seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005. In particular, Section 21 empowers the Magistrate to grant temporary custody of the children to the aggrieved woman during the proceedings. The fact that your earlier lawyer has not proceeded with the case should not prevent you from taking immediate action. You may obtain your papers from the earlier lawyer and approach another advocate or seek help from DLSA without further delay.

Q: Questions for Clarification Regarding the Case Temporary vs. Permanent

Can I file a divorce case in chennai ? My wife currently resides and works in Kerala with two of my daughters (6 yrs+ 3yrs) . Mariage happened in Kerala , two kids are born and studying in Kerla .. Her permanent address is in kanyakumari .. she has filed a DVC +MC case in May 2026. Will she be able to transfer this case to Kerala if I put up this case in Chennai... Her matrimonial house (last residence) was in Chennai... Is there any way to make my wife to travel to chennai court ?

Advocate Ragul Sivanand answered
Yes, you may file the divorce petition in Chennai, if the statutory jurisdictional requirements are satisfied, more particularly, if Chennai was the place where you both last resided together. However, merely filing in Chennai will not necessarily compel the wife to travel to Chennai throughout the proceedings. Since she is presently residing in Kerala with the two minor children, she can seek transfer of the divorce proceedings(by filing TrOP) and get it transferred to the competent court in Kerala, particularly by relying upon her present residence, custody of the minor children, and the practical difficulty of travelling to Chennai. Further, if she has already instituted DVC/MC proceedings in Kerala, the existence and location of those proceedings may also strengthen her request for transfer. Therefore, although a Chennai filing may be legally maintainable, there is a substantial possibility of the wife seeking and obtaining transfer to Kerala, depending upon the facts and the convenience of the parties. And there is no assured legal method to compel her to personally travel to Chennai merely by filing the case there; the transfer/convenience jurisdiction of the superior court can ultimately determine the issue accordingly.

Q: Financial maintenance of household

We both are Hindu working couple. I take care of maids and some minimal expenses rest by my husband. As he is paying rent and for groceries he states that it’s his house and am eating his food and when angry asks me to get out of house. Is it correct legally? Asks me to pay for everything 50%. Is there any law in this aspect ?

Advocate Ragul Sivanand answered
No, your husband cannot deny you basic household amenities or ask you to leave the shared matrimonial household merely because he pays the rent and household expenses. There is no law requiring a working wife to contribute exactly 50% of the household expenses; such arrangements depend on mutual understanding between spouses. If he is repeatedly threatening to evict you or subjecting you to mental harassment, you may seek appropriate legal remedies under the Protection of Women from Domestic Violence Act, 2005.