Advocate Venkatakrishnan A M

Questions Answered by Advocate Venkatakrishnan A M (50+ answers)

Q: cc case magistrate court query

in a cc private complaint case over closure report of police in high court direction to proceed as private complaint...after filing 319 crpc opposite side should give counter ? .. then after that petitioner will file evidence then opposite side evidence then argument orders .... stages of 319 crpc and ... what if opposite side does not give counter ...legal opinions and suggestions

Advocate Venkatakrishnan A M answered
In a private complaint case, after filing a 319 CrPC petition, the opposite party may file a counter, but it is not mandatory. The court decides 319 based on the evidence already on record. If they don’t file a counter, the court can proceed and pass orders. After 319, stages are: summon (if allowed), copies, evidence, defence evidence, arguments, and judgment. You may seek early disposal if there is delay.

Q: How to apply minor passport if father no consent

How to apply a minor kid passport if father decide not to give consent? Father agreed , but then decide not to give consent as grandmother thinks the mother may take child permanently to other country .

Advocate Venkatakrishnan A M answered
Under Indian Passport Rules, a minor’s passport can be issued with the consent of either one parent, provided the applying parent gives a valid reason and supporting documents.If the father is refusing consent due to personal objections, the mother has the following legal options:1. Apply for Passport Under “Single Parent” Category • The mother can submit the application with Annexure C (Declaration by single parent/guardian). • She must explain that the father is unwilling to give consent and provide: • Child’s birth certificate • Proof of her custody and daily care of the child • Any prior communication showing father’s refusal • The Passport Office may still issue the passport after police verification if they are satisfied that the application is genuine and not for wrongful removal of the child.2. Approach the Family Court for PermissionIf the RPO insists on father’s consent, the mother can file:a) Petition for Declaration & Permission to Apply for PassportThe mother can seek a court order stating: • She is the primary caregiver. • Father’s refusal is unreasonable. • Court permits issuance of passport without father’s consent.The court order will be accepted by the Passport Office.3. Seek Custody / Guardianship Orders (If Needed)If the father’s refusal is part of a larger custody dispute, the mother may approach the court for: • Permanent custody, or • Sole guardianship under the Guardians and Wards ActA parent having sole guardianship does not require the other parent’s consent for passport issuance.4. Clarification on Travel Outside IndiaGranting a passport does not automatically give permission to permanently relocate abroad.If international relocation is intended, separate permission from the court may be required.The grandmother’s fear of the child being taken permanently abroad is not a legal ground to block passport issuance.If you need assistance in preparing the passport application, drafting Annexure C, or filing a petition before the Family Court, our office can help you with the complete process.Please feel free to contact us for a consultation.

Q: A girl in my college scammed me ₹60000

I gave her the money as cash on 8/9/25 and the only proof I had that I gave the money was on 7/9/25 she sent me a text that she will return the money within a month, on 8/9/25, it was a Monday morning, she called me and requested to drop her in college and come along with the money while coming it is very usual and I often drop her in college in car when she asked me. Since she’s the one who plays the songs in my car she knew my phone password, using it she deleted her what’s app chat from my ph

Advocate Venkatakrishnan A M answered
Based on your statement, since the WhatsApp message confirming her promise to repay was deleted from your phone, it is advisable to take the following steps: 1. Recover the deleted chat through WhatsApp backup (Google Drive or iCloud, if enabled). 2. Collect any other supporting evidence — call records, messages, witnesses, or bank withdrawal proof around the date of payment. 3. Prepare a written notice or legal demand seeking repayment, clearly mentioning the date, mode of payment, and her acknowledgment before deletion.Even if the original message was deleted, circumstantial evidence and your statement under oath can support your claim in a civil recovery suit.

Q: Jurisdiction Related Question,For The Moot Court So pls I need to clar

'A' Files an Appeal To Challenge the order of NCDRC to the supreme court under section 67 of the Consumer Protection Act 2019 Under Which provision can 'B' files an cross appeal for the same issue to the Supreme Court?

Advocate Venkatakrishnan A M answered
Under Section 67 of the Consumer Protection Act, 2019, an appeal to the Supreme Court can be filed by a person who is aggrieved by the order of the National Consumer Disputes Redressal Commission (NCDRC). However, the Act does not specifically provide for a “cross appeal” procedure similar to that in civil appellate practice.Therefore, if ‘B’ also wishes to challenge any part of the NCDRC order, the proper course is for ‘B’ to file a separate appeal under Section 67 of the Act within the prescribed limitation period (30 days from the date of the order). Both appeals — by ‘A’ and by ‘B’ — may then be heard together by the Supreme Court.

Q: Law for customer with prostitute

Could you please advise what is the law or punishment for the customer when caught with prostitute. Is police file FIR to the customer?

Advocate Venkatakrishnan A M answered
If a customer is caught with a prostitute during a police raid, action can be taken under the Immoral Traffic (Prevention) Act, 1956 (ITPA). As per Section 5A and 7, a customer found engaging in sexual activity in a public place or brothel can face arrest and prosecution, with punishment of up to 3 months imprisonment or fine (or both) for first-time offence.However, consensual sex between adults in private is not an offence. The police usually file an FIR only if the act occurs in a brothel or public place, or involves trafficking, solicitation, or exploitation.