Advocate Sneha Nagaraj

Questions Answered by Advocate Sneha Nagaraj

Q: Clarification regarding cross examination in DV case

I would like to get some valuable suggestions on how to face cross examination in a domestic violence case? What kind of questions can be anticipated? Pls reply back urgently. What is the procedure to apply for certified copies?

Advocate Sneha Nagaraj answered
How can one predict what questions will be asked when the facts of the case are not known. The cross examination will be pertaining to the evidence that is filed by you. Please read your evidence properly. To apply for certified copies, you have to fill a certified copy form (available at the Magistrate Court Society) and submit it to the copying branch counter of whichever court you need if from. Ask any advocate around, they'll help you fill the form. You also have to pay some money depending on the documents you are asking for. They usually charge 2 rs per page. You will be given a receipt once you submit the form and money. Thereafter you can collect it after a couple of days by submitting the receipt at the receiving counter of the copying branch

Q: Dissolution of managing committee not following the bylaws

Hi, I live in a society where Managing committee and office bearers have been selected without the EGM or General body meeting. The so called office bearers are from previous managing committee and they dictate the terms as per their wish. In fact they moderate all the mail communications among residents. Our byelaw says "The Management Committee shall comprise of 30 members, elected in the Annual General Meeting by the rules and procedures laid out in these byelaws" How can we dissolve such Managing Committee which was not formed following the by laws? 

Advocate Sneha Nagaraj answered
If its a Society you can file a complaint with the Registrar of Societies. If its registered as any other body then you should file a case before the Civil Courts challenging the election and seeking for a declaration that the Managing Committee has been illegally formed.

Q: How to get child custody of infant before processing the divorce

I have issues with my husband. He don't speak to me properly and with my parents. His mother try to dominate my parents. Their life style is totally different than mine. They are little old fashioned and ask me to indulge in their life. Now we have 3 month old baby. My husband want one more kid within next year. Which I don't want and I am happy with one baby. And I don't have future in the city they live. Even though they try speak with me properly and try to treat me well. I don't like it. I feel depressed in their home. Now I want divorce from him and i need my 3month old baby custody. What to do? I am afraid they will not give me my baby. Please help me can I get my baby custody without any consequences. How to deal with the situation and how much will cost to settle it down in court?

Advocate Sneha Nagaraj answered
The Law says, until the child turns 5 years the custody of the child will be with the mother. You can file a child custody petition and you will automatically get custody of the child. You will have file 2 separate petitions; one for divorce and one for child custody