Advocate Soumil Kandukuri

Questions Answered by Advocate Soumil Kandukuri

Q: Verbal and physical violence by husband and demand for dowry

My husband beats me sometime but daily he insults me and always scolds yells and mentally torturing me.i am 17 months married and he did my 2 abortions forcefully.my in laws daily torture me by their words.my husband supports my in laws always.my husband furst wife died by suicide and 2 kids aee staying with ex in laws.court case is running on husband after second marriage also he did not change. Help me i did this marriage against my parents wish so no one is their to help me. I tried a lot to save my marriage but niw i am not able to bear i cry daily bcoz of my in laws and my husband.i contacted one NGO they suggested me to go to PS but its not that easy to go and complaint in police i am afraid of my husband.

Advocate Soumil Kandukuri answered
Hello feeling bad for your situation. Don't worry you can seek police protection and you can book harassment case against your husband. If police doesn't help you in getting protection you can move to the court for seeking protection from your husband.

Q: legal recourse in case court summons and notices not answered

After appealing the court has sent 3 notices to the party He has not responded ,, NOW will the court keep on sending further notices ? will the court keep my appeal with held ? for how much time ? and what later? or will the court gives and exparty decree what will the state be?

Advocate Soumil Kandukuri answered
Hello you can move an application under order 5 rule 20cpc for paper publication. Court will direct you for paper publication, even after publication if they have not responded. Court will made them as exparte.

Q: Is Marrying an ST girl who was divorced in a customary way legal

Sir being an OC community guy can a person marry an ST community girl who was recently divorced through customary divorce and written on 100 rupees stamp paper with the WITNESSES of their parents and community leaders as suggested by section 2(2) of Hindu marriage act 1955 especially for ST community

Advocate Soumil Kandukuri answered
Hello you can marry any girl as your wish. But one thing she is not official divorce. Written on stamp paper not valid as per law. Better you file mutual consent petition has both the parties are agreed.

Q: Sole custody status for Unmarried woman

I have a baby boy 6 months old. Our marriage is not registered. I need to know process for getting sole custody. Is there any chance that the guy can claim the baby back? What is the procedure for this?

Advocate Soumil Kandukuri answered
Hello Firstly have you applied for divorce? your husband will not have right to claim your baby. The sole custody of baby is yours, he will be having visiting rights and you have chance to claim maintenance for your baby also.

Q: In money suit how much time period is their to file written statement

in money suit how much time period is their to file written statement in lower court

Advocate Soumil Kandukuri answered
In construing this provision, support can also be had from Order VIII Rule 10 which provides that where any party from whom a written statement is required under Rule 1 or Rule 9, fails to present the same within the time permitted or fixed by the Court, the Court shall pronounce judgment against him, or make such other order in relation to the suit as it thinks fit. On failure to file written statement under this provision, the Court has been given the discretion either to pronounce judgment against the defendant or make such other order in relation to suit as it thinks fit. In the context of the provision, despite use of the word `shall', the court has been given the discretion to pronounce or not to pronounce the judgment against the defendant even if written statement is not filed and instead pass such order as it may think fit in relation to the suit. In construing the provision of Order VIII Rule 1 and Rule 10, the doctrine of harmonious construction is required to be applied. The effect would be that under Rule 10 of Order VIII, the court in its discretion would have power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1. There is no restriction in Order VIII Rule 10 that after expiry of ninety days, further time cannot be granted. The Court has wide power to `make such order in relation to the suit as it thinks fit'. Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory. Having said so, we wish to make it clear that the order extending time to file written statement cannot be made in routine. The time can be extended only in exceptionally hard cases. While extending time, it has to be borne in mind that the legislature has fixed the upper time limit of 90 days. The discretion of the Court to extend the time shall not be so frequently and routinely exercised so as to nullify the period fixed by Order VIII Rule1.