Advocate Sumathi G

Questions Answered by Advocate Sumathi G

Q: Why there is Delay in mediation date after filing divorce case

I have filed divorce case against my husband and he also appointed a lawyer on his side and now it is said for mediation in last hearing but it has been three months till now we didn't get mediation date. So how long will it take to get mediation date.

Advocate Sumathi G answered
you go to conserned family court and inform to judge the case is Posted for mediation but iam not getting any letter from mediation office the mediation not contested already three months going please to post before the court

Q: How to get cash Drowry and jewels back from husband & in-laws

I have been told that I can file an IPC 406- breach of trust to get my dowry and jewels back from my husband. If I file a 406 against him and my in-laws, will I get my dowry and jewels back immediately, or can he file a counter case and delay it? I have all purchase receipt for my jewels and video/picture evidence of my father-in-law accepting the cash dowry. Please kindly advise the quickest way to recover my dowry and jewels from my abusive husband so that i can move on. Thank you!!

Advocate Sumathi G answered
you filed police complaint 498A against your in-laws family members in all women police station in your jurisdiction and another thing is DV case also filed in production officer other than you filed the case return of articles in court. first two ways flowing immediate relief

Q: Mam/sir in legal heir certificate which i got but near my name it is w

Mam/sir in legal heir certificate which i got but near my name it is was daughter of deceased but it should be son of deceased how to change

Advocate Sumathi G answered
you may need to send a representation letter to the respective VAO to make the details corrected through registered post, if the request is rejected then we may need to file a writ petition in respective High Court to get the details corrected.

Q: About Non Bailable warrant ..............

Once non bailable warrant issued against accused u/s 138 NI act by the Magistrate. At the same time accused not in the said address which is mentioned in the warrant (Abscond).Whether Police will find her and produce the accused in the court.

Advocate Sumathi G answered
Ideally police reach at the address mentioned in the warrant only. once the accused is not in the mentioned address, police will not be of much help. if the complainant wishes, he can use his resources to find the current address of the accused and update the police who can arrest the accused (all the expenses might be borne by the complainant though)

Q: This is regarding my dad's right a lose of a married daughter

My sister passed away after marriage,since she doesn't have kids her pf insurance and other funds should be equally distributed to my parents as well. But the in-laws is restricted to sign the document on a share given to my dad. Is that good to approach court will he get his right

Advocate Sumathi G answered
Who is the nominee in that insurance policy? Only nominee can initially receive the amount and subsequently the nominee has to provide the share to the legal heirs. First get the legal heir certificate in which her husband and her children become the legal heirs because they are the 1st degree/class legal heirs. If no children, only husband is the legal heir..If husband is not alive, secondly the heirs of the husband - parents of the husband become legal heirs by succession certificate..Thirdly mother and father of the Female Hindu become the legal heirs by succession certificate..