Advocate Tejaswi Punnamaraju

Questions Answered by Advocate Tejaswi Punnamaraju

Q: Fake Senior Citizen RDO Maintenance Case in Hyderabad

Seeking advice for an NRI son facing a fake senior citizen maintenance case at RDO Hyderabad. Parents claim destitution but hide 50k/month cash rent from an unregistered property. They skipped two wealthy Indian siblings to target the NRI son. The son has zero disposable income due to future special-needs child costs. Can the case be stayed for selective litigation? What application forces the RDO to summon tenants and expose this cash flow? How do we stop this perjury fast?

Advocate Tejaswi Punnamaraju answered
In my opinion, you should contest the maintenance proceedings before the competent RDO/Maintenance Tribunal by filing an appropriate application seeking disclosure of your parents’ complete financial particulars, including their alleged rental income of ₹50,000 per month, and requesting the Tribunal to summon the concerned tenants and call for relevant rent receipts, lease agreements and payment records. You may also seek the impleadment of your other financially capable siblings, wherever legally appropriate, under Section 5(5) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Further, you should place on record a detailed affidavit disclosing your actual income, liabilities and unavoidable expenses towards your child with special needs, supported by documentary evidence, to establish your financial capacity and oppose any excessive maintenance demand. If the parents are found to have deliberately concealed material income or made knowingly false statements on oath, appropriate legal proceedings may be initiated in accordance with the applicable provisions of law. However, the mere non-impleadment of other children or the allegation of concealed rental income will not automatically result in dismissal or a stay of the case. Any application for interim relief or a writ petition before the High Court must be based on legally sustainable grounds. I therefore advise you to obtain copies of the complete case record, collect independent evidence of the rental income, and file appropriate applications before the Tribunal to ensure that the matter is decided on the basis of full financial disclosure and your actual financial circumstances

Q: Legal liability as employer of deceased employee who died on duty

Deceased emp: KS Age: 53 DoD: 04Oct26 Place of death: on-site, working Cause: unknown Suspected: Cardiac arrest/Electric shock FIR registered. Post-mortem report awaited Business type proprietorship Deceased fly asking compensation of 5L. Emp has accidental insurance What is nxt by police reg FIR? What employer's legal liability, if any?

Advocate Tejaswi Punnamaraju answered
My first advise the family to obtain the FIR, post-mortem report, death certificate, and witness statements; if electric shock is confirmed or suspected, request a police investigation into electrical safety, wiring, earthing, equipment maintenance, and the employer’s safety precautions, and consult a labour or criminal lawyer to assess compensation and possible negligence proceedings against the employer or other responsible parties. If the cause is cardiac arrest, the family can still pursue compensation if medical and other evidence establishes that the death arose out of and in the course of employment; however, if it was an unrelated natural death, a claim against the employer may be more difficult. In either case, notify the company’s accidental insurance provider immediately, obtain the policy and nominee details, check eligibility for Employees’ Compensation, ESI, and other applicable benefits, and preserve all workplace evidence. Do not assume the employer is automatically liable or free from liability until the evidence is assessed.

Q: I want to separate from my in-laws

I want to separate from my in-laws and i lost my patience and my tolerance level is completed. They are helpful also torturing. what should i do please suggest. i have been married 14 years having 2 kids

Advocate Tejaswi Punnamaraju answered
If you have been subjected to physical or mental harassment, you should first ensure your safety and preserve any evidence such as messages, recordings, medical records or other relevant documents. Depending on the nature of the acts, you may seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005, including protection orders, residence/alternate accommodation, monetary relief and, where appropriate, custody-related relief concerning the children. If your intention is only to live separately from your in-laws, you should discuss the circumstances with a advocate, as the appropriate remedy will depend on whether your husband supports separate residence and the nature of the harassment.

Q: Contested divorce,file custody or not ?

Should I file custody under sec 26 or seperately under GWA if child kept away for years. Case moving slowly only reached cross, to begin soon. Will custody delay divorce, how long will it take from cross till decision if nothing is done. Will visitation be given without delaying divorce case.

Advocate Tejaswi Punnamaraju answered
As per my understanding, the divorce case filed by you is presently pending, and the child is not in your custody.In such a situation, you can file an application seeking custody of the child or visitation rights in the same pending divorce proceedings. There is no need to wait until the divorce case is completed.The divorce case may take approximately one 6 months, depending on the progress of the evidence and arguments. However, filing a custody or visitation application will not necessarily delay or drag the main divorce proceedings. The custody application can be taken up separately while the divorce case continues.If you are seeking custody of the child, it is important to clearly and properly state the reasons why custody should be granted to you. The pleadings should be strong and should specifically explain your relationship with the child, your ability to take care of the child, and why custody is in the best interests of the child.Alternatively, if you are not seeking immediate custody, you can seek visitation rights to enable you to meet and spend time with the child. Since you have not been able to visit or see the child and have not been involved in the child’s care for a considerable period, the circumstances and reasons for the same should be properly explained in the application.Therefore, you can file the appropriate application for custody or, alternatively, visitation rights, during the pendency of the divorce case itself, without waiting for the final disposal of the divorce proceedings.

Q: My husband the petioner had appointed for advocate commissioner

My husband the petioner in contested divorce casr had appointed for advocate commissioner for his pw1 cross examination. For thos i or my advocate didn't get any notice. Just last hearing judge had informed us with the next hearing date as commissioner report. So in this can can I Object it? Because my advocate didn't Object.

Advocate Tejaswi Punnamaraju answered
In general situations the concern advocate will file an application to appoint an advocate commissioner for recording the evidence in some circumstances the court may also appoint the advocate commissioner Sumoto so in this type there will be no special notice will be given to you or you are advocate for appointment of the advocate Commissioner if the court itself appoints the advocate commissioner the commissioner will give you an notice for execution of his warrant for conducting the cross-examination of your husband on the day you and your advocate should be present in the location at the time where the commission warrant is being executed and the next before the next hearing date this commission should be executed and the same will be filed as a report by the commissioner on the date of hearing