Advocate Shobica Vijaykumar

Questions Answered by Advocate Shobica Vijaykumar

Q: Met with a road accident my stationary car was hit by a bike.

On 12.02.2026 at 09:00 AM, I stopped my car in the leftmost part of the road due to some emergency and within 30 seconds a bike from behind hit my stationary car causing damage to the rare bumper and the biker got head injury, I immediately taken him to the nearest hospital without waiting for ambulance. FIR is lodged against me and police is suggesting me to accept my fault so that the biker could be benefited from my third party insurance. Suggest what shall I do, as this was not my mistake.

Advocate Shobica Vijaykumar answered
If your car was properly stopped on the extreme left due to emergency and was stationary, prima facie it appears to be negligence of the biker for hitting from behind.In motor accident cases, liability is decided based on negligence under the Motor Vehicles Act, 1988. A vehicle hitting from behind is generally presumed to be at fault unless proved otherwise.You should:Do NOT admit fault if you were not negligent.Give a clear written statement to police explaining emergency stopping.Collect evidence – photos, CCTV footage, witnesses.Inform your insurance company immediately.Even if FIR is filed, liability will be decided by the MACT Court, not by police suggestion.You are not legally bound to accept blame just to help insurance processing. Let the court determine negligence based on evidence.

Q: Token advance return issue for land sales no aggreement

The person who came to buy my land gave me a token advance and after the date he said he would do the work, he has not responded and is now threatening to ask for the token advance I gave. What should I do? What does the law say?

Advocate Shobica Vijaykumar answered
If the buyer paid token advance and failed to complete the sale within the agreed time, it is his breach of contract.Under the Indian Contract Act, 1872, you can forfeit the token advance if he defaulted and you were ready to execute the sale.If he is now demanding refund or threatening:Send a legal notice stating he breached the agreement.Keep proof of payment and your readiness.If threats continue, lodge a police complaint.He cannot legally force you to refund if he is at fault.

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 Shobica Vijaykumar answered
Grounds available:Desertion – Continuous separation for more than 2 years.Mental Disorder – If the wife is suffering from mental illness of such a nature that marital life is not reasonably possible.Cruelty – If interference by her family and conduct caused mental harassment.You can file the petition before the Family Court having jurisdiction where:Marriage was solemnized, orWife resides, orYou last lived together.Since children are with you, you may also seek:Permanent custodyProtection from unnecessary interferenceIf both sides agree, Mutual Consent Divorce is faster (6 months cooling period, sometimes waived).Better to consult a local family lawyer with medical records and proof of long separation before filing.

Q: Compensation for Tenant if houses collapse

My daughter is staying in a rented apartment in Thuraipakkam, Chennai. House construction is sub-standard. Many pillars have wide cracks indicating danger. She has intimated the house owner who is refusing to accept or repair despite the danger. If house collapses and if something happens to my daughter, is she eligible for any monetary compensation as per law...?

Advocate Shobica Vijaykumar answered
Yes. If the building collapses due to structural defects and injury or death occurs, your daughter (or her legal heirs) can claim monetary compensation from the landlord.The landlord has a legal duty to provide a safe and habitable premises.If he knowingly ignores dangerous structural cracks, it amounts to negligence.Compensation can be claimed by filing:A civil suit for damages (for negligence),A criminal complaint for endangering life (if willful disregard is proved),Complaint before the Corporation of Chennai for structural inspection and action.Immediate Practical Advice:Send a written legal notice immediately.Lodge a complaint with Greater Chennai Corporation for structural safety inspection.If risk is serious, advise shifting to a safer place.Prevention is far better than claiming compensation later.

Q: TEANACY RENT ARREARS & FIANL DECREE DELAYTING

My partition suit against 3 brothers won at high court in 2017 again OP applied for SLP/CA which is pending since 2018 Status quo was issued to maintain the property till dispoasal of SLP but OP got possession from tenant in October 2025 besides my money recovery suit from tenant is pending which filed in June 2025. Above all my final decree is applied in 2019 is also pending in lower court. Can I file a writ at high court to expedite my final decree ? and detain the possession handovered?

Advocate Shobica Vijaykumar answered
Yes, you can file a Writ of Mandamus under Article 226 before the High Court to direct the lower court to dispose of the final decree proceedings (pending since 2019), if there is no specific stay on further proceedings. Mere pendency of SLP does not automatically stay itDo not file writ in High Court.File an IA or Contempt Petition before the Supreme Court in the pending SLP/CA for violation of status quo and seek restoration of possession.Best suggestion :Move Supreme Court first for violation + seek clarification.Parallelly consider writ for early disposal of final decree if no stay exists.