Dr. S. Diraviam Dinesh

Questions Answered by Dr. S. Diraviam Dinesh

Q: Is dvc a criminal case or Civil case ?

As per the Judgment passed by this Hon’ble court in Dr. Pathmanathan Vs Dr. Monica as decided in Cr. O.P.28458/2019 Dated 18.01.202. Is dvc case criminal or Civil. n How should the cases already filed should be taken up

Dr. S. Diraviam Dinesh answered
Domestic violence case is partly criminal and partly civil. The case is maintainable before the magistrate court and the code of criminal procedure is followed. The parties are named as petitioner and respondent, not as complainant and accused.

Q: What are the steps in quashing a dv case and what are the evidence required?

Can dv case be quashed?, how should a false dv case be quashed after the common order of madras high court( crl op 28458/2019 dated 18th jan 2021)? should quash petition be applied at high court or from corresponding magistrate court? what are all the grounds and evidence required for applying quash petition?

Dr. S. Diraviam Dinesh answered
Normally if case or complaint is not made out from the pleadings the case proceedings or complaint can be quashed. If you have any evidence in your favour then it must be dealt with during the trial. Evidence will not be looked into during quash proceedings.

Q: Modification / relaxation of bail conditions crpc section

I got bail with condition not to leave India. After filing of chargesheet i filed application for permission to travel abroad in magistrate court in same CC no. Now chargesheet got stayed by highcourt and so all related petition including my travel application is stayed. Now how to proceed to get relaxation to travel abroad and what is the grounds for relaxation of bail conditions ?

Dr. S. Diraviam Dinesh answered
Now you need to file an application in that regard. Or else you can expedite the proceedings in the quash petition so that the entire matter will be decided either way. It requires a bit of work and persistence to get it done. You didn't mention the charges made out against you....

Q: Can someone take your property by paying the taxes of property ?

I plan to buy house from an NRI. His relative who takes care of the property warns me not to buy it as he pays tax on his name. He threatens me with legal troubles using these tax bills. He has no sale deed on his name. May I go ahead and buy the property from the NRI?, what is the property tax law in india ?

Dr. S. Diraviam Dinesh answered
Tax bills cannot confer ownership of a property on a person who paid the tax. Tax bills must be generated in the name of the owner of the property as per revenue records. Check all the property related documents for clean title and then purchase. You can inform the nri about the threat posed by his relative.

Q: UDR PATTA IN MY FATHER'S NAME AND TITLE DEED IN MY NAME(MINOR)

Hi sir/mam. My father has transferred patta in his name in 1985 under UDR scheme. But the property was registered (sale deed) in my name by my grandfather in 1987 when I was minor and my father was the natural guardian. My father hid this property from me and 3 years before I came to know through one of my relatives that i am the absolute owner of the property. He did not come out of his guardianship and he did not transfer patta into my name and still the property is in his enjoyment. I applied for patta transfer but it was rejected as my father had given an objection even though EC and other documents were cleared. I made an appeal to Tahsildar , RDO and DRO also, but of no use. I am struggling to get it done. I came to know that UDR patta in my father's name is made without any documents Kindly suggest me what is the procedure for udr patta cancellation ?

Dr. S. Diraviam Dinesh answered
You need to cancel the existing patta and change it in your name. You need to approach the court to carryout the same with documentary evidence. This is the only way to do the change. It is well known that there were several illegalities with respect to UDR Pattas.