Advocate S Gunasekar

Questions Answered by Advocate S Gunasekar (100+ answers)

Q: The court has already passed a judgment convicting the accused and dir

The court has already passed a judgment convicting the accused and directed him to pay the amount within two months. However, as of now, the accused has neither filed an appeal nor come forward for settlement.Despite the court issuing a Non-Bailable Warrant (NBW), the accused has not complied and appears to be avoiding the legal process. It is also observed that he is continuing his routine activities without concern for the case.I am concerned if any further legal steps are required from my

Advocate S Gunasekar answered
File a petition to execute the sentence and take steps to secure the accused (NBW execution) through police. Also, move for coercive steps like attachment of property if payment is not made.In short: Follow up NBW + file execution petition—don’t wait.

Q: Need a legal advice on initiating a Divorce case

Married on 2004 , we have been living for together for 15 years together with lots of hurdles with as my wife as not mentally fit and physically challanged , now i am separated for more than 7 yrs living alone with two kids . i was working as an IT engineer , now i have started my own . so i want to get rid from this marriage as her family members are giving lots of trouble for my growth and well being of kids . i just want to initiate the divorce process . please guide me .

Advocate S Gunasekar answered
S.Gunasekar Advocate Answer this.Ground for divorce: You can file divorce under mental illness, cruelty, and long separation (7+ years) under the Hindu Marriage Act, 1955 (or applicable personal law based on religion).File petition: Approach a Family Court through a family lawyer and file a contested divorce petition.Documents needed:Marriage proofKids’ birth certificatesMedical records (wife’s condition)Proof of 7-year separationChildren custody: Ask for permanent custody citing children’s welfare.

Q: Arrest under section 6 of POCSO

Nearby house girl aged 15. She given false complaint against my husband regarding sexual harassment before 2years. We don't have how to prove this is false. I have fear if anything happened to him on demand. He didn't did anything. Becoz of her age only, they took complaint under this section. No proof no evidence we have. We have only option testimony. I need an legal advice how to move further and how to take bail upfront

Advocate S Gunasekar answered
S.Gunasekar advocate Answer.If your husband is falsely accused under POCSO (Protection of Children from Sexual Offences Act):1. Engage an experienced criminal lawyer immediately – preferably one handling POCSO or sexual offence cases.2. Apply for Anticipatory Bail (Section 438 CrPC) in the Sessions Court or High Court before arrest.3. Collect supportive evidence — CCTV, messages, witness statements, or proof of absence from the place/time alleged.4. During trial, focus on cross-examination of the girl to highlight contradictions and false motive.5. Avoid contacting the complainant or her family directly.

Q: How to cancel general power of attorney

The power of attorney was given by me to my brother now ...we both had some misunderstanding soo I got fear that he would misuse tha power so how to cancel the power

Advocate S Gunasekar answered
S.Gunasekar Advocate Answer.You can cancel the Power of Attorney by executing a Revocation of Power of Attorney deed before a notary public or sub-registrar, and then inform your brother in writing (send a registered notice) and also notify concerned authorities or banks where it was used.

Q: Surety is must or personal bond is sufficient?

One of my friend has filed a cheque bounce case 3 years before which he has given for trading investment. I clearly shown the loss but despite that he had submitted the 1 crore cheque which I had given for security. Last 3 years there were 6 appearances on this case each at a gap of 3-5 months. I attended 5 out of 6. Just now the case is moved to questioning in magistrate court and to furnish the surety as per case details.Is surety must or can I give promise that I will attend regularly.

Advocate S Gunasekar answered
S.Gunasekar Advocate Answer.Surety is mandatory once the case reaches the questioning (trial) stage. The court will not accept only your promise — you must furnish surety or cash bond as directed by the magistrate.