Advocate Sathyanarayana Reddy

Questions Answered by Advocate Sathyanarayana Reddy

Q: Interpretation of Status - Uncontested--DISMISSED / REJECTED OTHERWISE

eCourt status for my mutual consent divorce case shows as "Uncontested--DISMISSED / REJECTED OTHERWISE" and status shows as disposed. It also says the order has not been uploaded by concerned courtWhat is the interpretation of the above status ?

Advocate Sathyanarayana Reddy answered
This means that the case has been dismissed by the court. Either due to non-prosecution or the court has found no merit in to your case. Please ask your lawyer to check the court file and provide you an update.

Q: Sub Tenant legally over staying

My Flat was leased to a Property Management company for monthly rent allowing them to sub-lease the Property, as a course of it, the property was sub-leased for a lump-sum refundable deposit of 20 Lakh, eventually, the lease agreement is terminated and notice is served in this regard to the primary tenant but the subtenant is not vacating the property unless the 20lakhs is paid back and the Property management company is arrested by the police.

Advocate Sathyanarayana Reddy answered
File a suit for eviction making both the tenant and the sub-tenant a party to the suit. The sub-tenant is not entitled to stay at the premises as the master agreement between you and the tenant (assuming you meant JABM/oyespace) stands terminated. The claim of the sub-tenant is as against the Company and not against you.

Q: No fault divorce as my marriage is irrepairable and I need help

Me and my wife have been married for 14yrs and for the last 11yrs things started going bad and since 3yrs things worsened and we only fight everyday and she doesnt do any wifely duties and doesn't work either. We have discussed mutual divorce and almost finalised on child support and her alimony and last moment she said she doesn't want to go ahead and she wants us to pretend that we are ok for the sake of the child. Can I file a no fault divorce in this situation? If not please help me withal a way out

Advocate Sathyanarayana Reddy answered
The best course at the moment is to send a legal notice demanding a mutual divorce. In the event of your wife not agreeing to the same, file the Divorce petition and make her come to the court. Once she appears in court, there is a possibility of mediation through which you can settle the issues as you’ll be given an official platform to engage in fruitful dialogue. That’s your best option with the information provided.

Q: RCR and RCR case stage clarification

HelloMy husband had filed for RCR case against me in the month of January, on the court 1st hearing in the month of march, we have filed for vakalath. The case stage is moved to June 3rd as Summons. Recently i tried going for husbands house, but found out he is not at home and I'm not aware of my husbands whereabouts. if i file for objection now, will the case status and next hearing remains the same ? what are the case stage in RCR and how long does it take to close?

Advocate Sathyanarayana Reddy answered
If the Vakalath has been filed then the question of Summons does not arise unless there has been not representation there after. The RCR case is just like any other case where the stages are one and same. The first stage, before filing he objections (if any), will be mediation. If the mediation fails then filing of objections, evidence of the petitioner, cross examination of the petitioner, evidence of the respondent and cross examination of the respondent. The duration of the case cannot be ascertained and quoted in specific as there are various ways in which the court dates can be delayed

Q: Case status of a PCR case at Bengaluru

I have faced one PCR case .ow case status showing- Case disposed- contested converted CC.What is above meaning and what I do next ?

Advocate Sathyanarayana Reddy answered
Converted to CC means that the police have taken cognisance of the offence and filed a charge sheet against you. You will be issued a summons from th court asking you to be present on a particular date. Before the summons is received, it is advisable that you take an anticipatory bail in the event of the charges levelled against you are cognizable and non-bailable.