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Loan default rights India SARFAESI Act borrower protection - 19 Law Chambers Visakhapatnam

Loan Default Rights in India: What Borrowers Must Know

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Loan Default Rights in India: What Every Borrower Must Know

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Banking Law

Defaulting on a loan is stressful — but banks cannot do whatever they want. Indian law gives borrowers clear rights against arbitrary bank action, illegal recovery agent behaviour, and wrongful property seizure. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam has protected borrowers’ rights across Andhra Pradesh.

What Happens When You Default on a Loan?

After 90 days of non-payment, the bank classifies your account as a Non-Performing Asset (NPA). The bank then follows a recovery process: demand notice, negotiated one-time settlement offer, and if unsuccessful — legal action under SARFAESI Act or civil court.

Your Rights Under SARFAESI Act

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002 allows banks to seize and sell secured assets (mortgaged property) without a court order but with strict procedural safeguards:

60-Day Notice: Bank must send a demand notice under Section 13(2) SARFAESI giving you 60 days to repay before taking possession of secured property.

Right to Respond: You can file a representation within 15 days of the notice disputing the amount or procedure. Bank must consider your response.

Right to Challenge Before DRT: If you dispute the bank’s action file an application before the Debt Recovery Tribunal (DRT) within 45 days of possession notice under Section 17 SARFAESI. DRT can stay the bank’s action.

Right to Redemption: You can repay the entire outstanding amount and reclaim your property even after possession notice until the final sale of the property.

Rights Against Recovery Agents

Recovery agents cannot: use abusive language or threaten you, visit your home before 7 AM or after 7 PM, contact your family members or employers without prior notice, use physical force or intimidate you, or disclose your loan details to unauthorized persons. File a complaint with the bank’s Grievance Redressal Officer, then the RBI Banking Ombudsman at cms.rbi.org.in if agents harass you.

Frequently Asked Questions

Q: Can a bank seize my property without a court order?
For secured loans (home loan, LAP) yes, under SARFAESI after following procedure. For unsecured loans (personal loan, credit card) no, bank must go to civil court or DRT. Always challenge SARFAESI action before DRT within 45 days.

Q: What if I cannot repay the full amount?
Negotiate a One-Time Settlement (OTS) with the bank. Banks are often willing to settle for 60-80% of outstanding dues to close NPA accounts. We assist borrowers in negotiating favourable OTS terms.

Q: Can I get free legal help for loan disputes?
Yes for eligible persons NALSA — nalsa.gov.in. Also: Free Legal Aid in AP.

Also read: Cheque Bounce Lawyer in Vizag | Consumer Court Advocates Vizag | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Landlord rights India legal eviction process tenant - 19 Law Chambers Visakhapatnam

Legal Awareness

Landlord Rights in India: How to Evict Tenant Legally

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Landlord Rights in India: How to Evict a Tenant Legally

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Property Law

Many landlords face problem tenants — those who do not pay rent, refuse to vacate, sublet without permission, or damage property. While Indian law protects tenants from illegal eviction, it equally protects landlords’ rights to recover their property through proper legal channels. Advocate Ganta Surya Kiran at 19 Law Chambers guides landlords through the eviction process in Andhra Pradesh.

Always Have a Registered Rent Agreement

A properly drafted and registered rent agreement is your most important protection as a landlord. It clearly establishes: rent amount and due date, security deposit, tenure of tenancy, notice period for termination, permitted use of property, and maintenance responsibilities. Without a written agreement disputes become difficult to resolve. Register agreements of 12 months or more at the Sub-Registrar’s Office.

Legal Grounds for Eviction in AP

Under the AP Buildings (Lease, Rent and Eviction) Control Act and Transfer of Property Act landlords can file eviction suits on these grounds: non-payment of rent for 2+ months, subletting without landlord’s consent, causing damage to the property, using property for unlawful purposes, landlord requiring the property for personal use or reconstruction, and expiry of lease period after proper notice.

How to Evict a Tenant Legally — Step by Step

Step 1 — Send Legal Notice: Send a written eviction notice by Registered Post specifying the grounds for eviction and giving the tenant a reasonable time to vacate (typically 1 to 3 months). Guide: Legal Notice How to Send India.

Step 2 — File Eviction Suit: If tenant does not vacate — file an eviction suit (also called a suit for recovery of possession) before the Rent Controller or Civil Court having jurisdiction over the property in Visakhapatnam.

Step 3 — Court Proceedings: Court issues summons to tenant. Both sides present evidence and arguments. Courts generally try to resolve cases within 6 to 18 months for clear cases.

Step 4 — Eviction Decree: Court passes an eviction decree. If tenant still refuses to vacate file Execution Petition. Court will order bailiff to physically hand over possession to you.

What Landlords Cannot Do

Cannot forcibly remove tenant or change locks this is criminal trespass and the landlord can be prosecuted. Cannot cut electricity or water supply to force eviction. Cannot remove tenant’s belongings without court order. Violation of these rules can expose the landlord to criminal complaints — always follow legal process.

Frequently Asked Questions

Q: How long does eviction take in Visakhapatnam?
Uncontested eviction: 6 to 12 months. Contested: 1 to 3 years. Summary eviction proceedings under Order 37 CPC are faster for clear cases.

Q: Can I deduct unpaid rent from security deposit?
Yes you can deduct unpaid rent and documented repair costs from the security deposit. Return the balance with an itemised statement within a reasonable time after the tenant vacates. Also see tenant perspective: Tenants Rights India.

Q: Do I need to register my rent agreement?
For agreements up to 11 months — registration is optional but recommended. For agreements of 12 months or more — registration is compulsory under the Registration Act 1908. Full property guide: Property Documents Verification India.

Also read: Legal Notice How to Send India | Best Property Lawyers Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Medical negligence complaint India consumer court hospital doctor - 19 Law Chambers Visakhapatnam

Legal Awareness

Medical Negligence Complaint in India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Medical Negligence Complaint in India: Consumer Court and Legal Remedies

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Medical negligence causes immeasurable suffering wrong diagnosis, botched surgery, medication errors, delayed treatment. Indian law recognises that patients are consumers and hospitals are service providers meaning all consumer protection remedies are available for medical negligence. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam represents patients and families in medical negligence cases across Andhra Pradesh.

What is Medical Negligence in India?

Medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would provide in similar circumstances resulting in injury or death. The Supreme Court in Jacob Mathew v. State of Punjab (2005) clarified: doctors are not liable for every adverse outcome only for negligence falling below the standard of a competent practitioner.

Legal Remedies Available

Consumer Court: Hospitals and doctors providing paid medical services are “service providers” under the Consumer Protection Act 2019. File a consumer court complaint for deficiency of service and negligence. Compensation, refund of medical expenses, and damages for pain and suffering can be claimed. File online at edaakhil.nic.in. Full guide: Consumer Court Complaint India.

Criminal Complaint: In cases involving gross negligence causing death file an FIR under Section 304A IPC (causing death by negligence — up to 2 years imprisonment). Police must investigate. Know your rights: How to File FIR India.

NMC Complaint: File a complaint with the National Medical Commission (NMC) at nmc.org.in for professional misconduct. NMC can suspend or cancel the doctor’s licence.

Civil Suit: File a civil suit for damages in District Court. Civil suits allow recovery of actual loss plus compensation for pain, suffering, and mental agony.

How to Build a Medical Negligence Case

Collect: all medical records (prescriptions, test reports, discharge summary), hospital bills, expert medical opinion establishing negligence, witness statements from attendants, and photographs of injuries if visible. The key challenge is establishing that the doctor’s treatment fell below the standard of a competent practitioner this usually requires an expert medical opinion.

Frequently Asked Questions

Q: Is a second opinion enough to prove medical negligence?
A second opinion supporting negligence strengthens your case significantly but is not always sufficient alone. Courts appoint independent medical experts to assess the standard of care in complex cases.

Q: Can I file a consumer case against a government hospital?
Government hospitals providing free treatment are generally not covered under Consumer Protection Act (no payment = no service contract). However criminal complaints and civil suits are available regardless. Free legal aid: NALSA — nalsa.gov.in.

Q: What is the time limit to file medical negligence complaint?
Consumer court: 2 years from when negligence occurred or was discovered. Criminal complaint: no limitation for death cases. Civil suit: 3 years.

Also read: Consumer Court Advocates Vizag | Insurance Claim Rejected India | Free Legal Aid in AP

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Best advocates in Guntur Vijayawada Andhra Pradesh - 19 Law Chambers Visakhapatnam

Legal Awareness

Best Advocates in Guntur and Vijayawada

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Best Advocates in Guntur and Vijayawada | 19 Law Chambers

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam

Clients from Guntur, Vijayawada, Krishna district, Machilipatnam, Eluru, and surrounding areas of South and Central Andhra Pradesh frequently require expert legal representation particularly for High Court of AP matters at Amaravati, property disputes, and family law cases. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam provides expert legal services to clients from across Andhra Pradesh.

Legal Services for Guntur and Vijayawada Clients

High Court of AP — Amaravati: The High Court of Andhra Pradesh is located at Amaravati close to Guntur and Vijayawada. Advocate Ganta Surya Kiran appears directly before the High Court of AP for FIR quashing, bail, civil appeals, and writ petitions. Read: FIR Quashing Petition High Court AP | Anticipatory Bail India.

Property Law — Guntur and Krishna District: We handle land registration, EC verification at registration.ap.gov.in, patta at meebhoomi.ap.gov.in, partition suits, and RERA complaints at rera.ap.gov.in. Full guides: Property Documents Verification | Land Registration Process AP.

Family Law — Vijayawada: Divorce, maintenance, child custody for clients from Vijayawada and Guntur. Read: Divorce Procedure India | Child Custody Rights India.

Cyber Crime — South AP: Online fraud and cyber harassment assistance for Guntur and Vijayawada clients. Report at cybercrime.gov.in. Guide: Online Fraud Complaint India.

Frequently Asked Questions

Q: Can a Visakhapatnam advocate handle my Guntur property case?
Yes — AP Bar Council enrolled advocates practice across all AP courts. We regularly handle matters in Guntur, Vijayawada, Krishna, and before the High Court of AP at Amaravati.

Q: How do Guntur clients schedule consultation with 19 Law Chambers?
Call or WhatsApp +91 99495 92127 for appointment. Video consultations available for initial case assessment.

Q: Is free legal aid available in Guntur and Vijayawada?
Yes — through DLSA offices in each district. Guide: Free Legal Aid in Andhra Pradesh. Also: NALSA — nalsa.gov.in.

Also read: Best Advocates Kakinada East Godavari | Best Advocates Vizianagaram Srikakulam | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com

May 21, 2026 0 comments

Writ petition High Court Andhra Pradesh habeas corpus mandamus certiorari - 19 Law Chambers Visakhapatnam

Legal Awareness

Writ Petition in High Court Andhra Pradesh: Types and How to File

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Writ Petition in High Court of Andhra Pradesh: Types and How to File

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Constitutional Law

When ordinary legal remedies fail when government authorities act illegally, fundamental rights are violated, or a person is illegally detained the High Court’s writ jurisdiction under Article 226 of the Constitution provides the most powerful and fastest legal remedy available. Advocate Ganta Surya Kiran at 19 Law Chambers appears before the High Court of Andhra Pradesh at Amaravati for all types of writ matters.

What is a Writ Petition?

A writ is a formal order from the High Court or Supreme Court directing a government body, authority, or lower court to do or refrain from doing something. Under Article 226 of the Constitution, the High Court can issue writs to enforce fundamental rights and for any other purpose. Under Article 32 the Supreme Court can issue writs for enforcement of fundamental rights only.

Types of Writs

Habeas Corpus (Produce the Body): The most urgent writ used when a person is illegally detained by police, prison authorities, or even private persons. The court orders the detaining authority to physically produce the person before the court. Used in: wrongful police detention beyond 24 hours without Magistrate order, illegal custody in mental health institutions, and family disputes over custody of adults. Know your rights: Police Arrest Rights India.

Mandamus (We Command): Orders a government body or public official to perform a statutory duty they are failing or refusing to perform. Used in: forcing police to register FIR, making government offices issue certificates or NOCs, compelling authorities to act on pending applications. Read: How to File FIR India.

Certiorari (To Be Certified): Quashes an illegal order passed by a lower court, tribunal, or government authority that exceeded its jurisdiction or violated natural justice. Used in: quashing illegal orders by Revenue authorities, quashing tribunal orders, and challenging government decisions.

Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction — filed before the decision is made. Quo Warranto (By What Authority): Challenges a person’s right to hold a public office they are not legally entitled to hold.

When to File a Writ in High Court AP

File a writ petition when: a government authority is acting illegally and causing immediate harm, lower court remedies are inadequate or too slow, fundamental rights under Part III of the Constitution are violated, and ordinary civil or criminal remedies do not cover the situation.

How to File Writ Petition in High Court of AP

Step 1: Consult an advocate experienced in High Court practice. Advocate Ganta Surya Kiran at 19 Law Chambers regularly appears before the High Court of AP at Amaravati for writ matters including FIR Quashing and bail matters.

Step 2: Draft the writ petition stating: facts, constitutional or legal provision violated, reliefs sought, and urgency if applicable.

Step 3: File before the High Court of AP Registry at Amaravati with court fees. Urgent petitions can be mentioned for immediate hearing.

Step 4: Court admits the petition and issues notice to the respondent (government authority). In urgent cases — interim orders are passed on the first day itself.

Frequently Asked Questions

Q: How long does a writ petition take in High Court AP?
Urgent matters interim orders on Day 1. Final disposal: 6 months to 3 years depending on complexity and priority.

Q: Can I file writ petition directly without going to lower courts?
Yes — but courts expect you to exhaust alternative remedies first (rule of alternative remedies). For fundamental rights violations writs can be filed directly without first approaching lower authorities.

Q: Is free legal aid available for High Court writ petitions?
Yes — through the High Court Legal Services Committee. Guide: Free Legal Aid in AP. Also: NALSA — nalsa.gov.in.

Also read: Anticipatory Bail India | Best Criminal Lawyers Vizag | Police Arrest Rights India

📍 30-6-12, First Floor, Opp. Prema Samajam, Daba Gardens, Visakhapatnam — 530020 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

Disclaimer: This article is for general legal education only. Please consult a qualified advocate before taking any legal action.

May 21, 2026 0 comments

Motor accident claim India MACT tribunal compensation process - 19 Law Chambers Visakhapatnam

Legal Awareness

Motor Accident Claim in India: MACT Tribunal Process

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Motor Accident Claim in India: MACT Tribunal Process

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Road accidents cause thousands of injuries and deaths across Andhra Pradesh every year. If you or a family member has been injured or killed in a road accident — you have the right to claim compensation from the Motor Accident Claims Tribunal (MACT). Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam assists accident victims and families in claiming maximum compensation from MACT.

What is MACT?

The Motor Accidents Claims Tribunal is a quasi-judicial body established under the Motor Vehicles Act, 1988 to provide fast and affordable compensation for road accident victims. MACT handles claims from accident victims or their families against: the vehicle owner, the driver, and the insurance company of the vehicle.

Who Can File MACT Claim?

The injured person themselves, legal heirs in case of death (spouse, children, parents), any person who suffered loss due to the accident including property damage, and even pedestrians and cyclists injured by motor vehicles.

Compensation Available Under MACT

For Injury: Medical expenses, loss of income during recovery, pain and suffering, future medical expenses, and loss of future earning capacity if permanently disabled.

For Death: Loss of dependency (calculated based on deceased’s income and age), funeral expenses, loss of consortium (for spouse), and loss of estate. Courts use structured formulas under the Supreme Court’s guidelines in National Insurance Co. v. Pranay Sethi (2017) for calculating death compensation.

Hit and Run Cases: Even if the vehicle is unidentified — claim compensation from the Solatium Fund under the Motor Vehicles Act. Contact us for assistance.

How to File MACT Claim — Step by Step

Step 1 — File FIR: If not already done file FIR at the nearest police station immediately after the accident. Guide: How to File FIR India.

Step 2 — Collect Documents: Police FIR and accident report, medical records and bills, disability certificate if applicable, death certificate and post-mortem report in death cases, vehicle insurance details, driving licence and RC of offending vehicle, and income proof of victim.

Step 3 — File MACT Petition: File before the MACT having jurisdiction typically where the accident occurred or where the claimant resides. File within 6 months of the accident (though courts can condone delay for good cause).

Step 4 — Interim Compensation: Under Section 166(6) Motor Vehicles Act MACT can award interim compensation of Rs 25,000 for grievous hurt and Rs 5 lakh for death within 30 days of filing. This helps families cover immediate expenses.

Step 5 — Final Award: After hearing both sides, MACT passes its award. Insurance company must pay within 30 days of award. If not paid — file execution petition.

Frequently Asked Questions

Q: What if the vehicle has no insurance?
Claim directly against the vehicle owner. If the vehicle is uninsured owner is personally liable. For hit and run — claim from Solatium Fund.

Q: Is there a time limit for MACT claim?
Yes — file within 6 months of the accident. Courts can condone delay but always file as soon as possible. Contact us immediately after any road accident.

Q: Can MACT award be appealed?
Yes — both claimant (if award is inadequate) and insurer (if liability is disputed) can appeal MACT award before the High Court of Andhra Pradesh. Read: Best Lawyers in Vizag | Free legal aid: NALSA — nalsa.gov.in.

Also read: Police Arrest Rights India | Insurance Claim Rejected India | External: Motor Vehicles Act — indiacode.nic.in

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Consumer rights e-commerce online shopping fraud India - 19 Law Chambers Visakhapatnam

Legal Awareness

Consumer Rights for Online Shopping in India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Consumer Rights for Online Shopping in India: E-Commerce Fraud Guide

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Consumer Rights

Online shopping fraud fake products, non-delivery, wrongful refund rejection, and misleading advertisements affects millions of Indians every year. The Consumer Protection Act 2019 and the E-Commerce Rules 2020 give you strong rights against e-commerce platforms and sellers. Advocate Ganta Surya Kiran at 19 Law Chambers helps consumers recover losses from online shopping fraud across Andhra Pradesh.

Your Rights Under Consumer Protection Act 2019

E-Commerce platforms like Amazon, Flipkart, Myntra, Meesho, and individual online sellers are covered as “service providers” under the Consumer Protection Act 2019. Your rights include: right to receive goods as described and advertised, right to refund for defective or misrepresented products, right to cancel orders and get refunds within the return window, right to accurate information about products and prices, and right to compensation for mental agony caused by the platform’s failure.

Common E-Commerce Fraud in India

Counterfeit Products: Fake branded goods common on marketplace platforms. Non-Delivery: Product never arrives but delivery is marked as complete. Wrong Product: Completely different product delivered than what was ordered. Refund Refusal: Platform refuses refund claiming product is not eligible or was used. Misleading Advertisements: Products significantly different from photos and descriptions. Price Gouging: Selling essential goods at inflated prices especially during emergencies.

E-Commerce Rules 2020 — Platform Obligations

Under the Consumer Protection (E-Commerce) Rules 2020 e-commerce platforms must: display complete seller information, provide clear grievance redressal mechanism with a Grievance Officer, process refunds within prescribed timelines, not engage in misleading advertising, and provide goods and services as advertised.

How to Complain — Step by Step

Step 1: File complaint through the platform’s own grievance system first. Get a complaint number.
Step 2: If unresolved escalate to National Consumer Helpline at 1800-11-4000 or file at consumerhelpline.gov.in.
Step 3: File consumer court complaint at edaakhil.nic.in. For amounts up to Rs 1 crore District Consumer Forum. Full guide: Consumer Court Complaint India.
Step 4: File complaint with Central Consumer Protection Authority (CCPA) at ccpa-goi.nic.in for platform-wide issues and misleading ads.

Frequently Asked Questions

Q: Can I file consumer court case against Amazon or Flipkart?
Yes — and they regularly lose. Consumer courts have awarded compensation against major e-commerce platforms for defective products, non-delivery, and refund refusal. File at edaakhil.nic.in.

Q: What if online seller is based in another state?
You can file consumer complaint in the court where you (the consumer) reside regardless of where the seller is based. This is a major consumer-friendly provision.

Q: What if a fake review damaged my purchase decision?
Misleading reviews used to promote products are actionable under Consumer Protection Act as unfair trade practice. Also see: Consumer Court Advocates Vizag. Free legal aid: Free Legal Aid in AP.

Also read: Cheque Bounce Lawyer Vizag | Insurance Claim Rejected India | Best Lawyers in Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

Divorce maintenance calculation India alimony Section 125 CrPC factors - 19 Law Chambers Visakhapatnam

Family Law

Divorce Maintenance Calculation in India | Vizag

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

Divorce Maintenance Calculation in India: How Much Can You Claim?

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Family Law

One of the most common questions in divorce cases is: how much maintenance will the court award? There is no fixed formula under Indian law courts have wide discretion and consider multiple factors. Understanding these factors helps you prepare a stronger maintenance claim or defence. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam has secured significant maintenance awards for clients before the Family Court Visakhapatnam.

Types of Maintenance — Different Laws, Different Amounts

Interim Maintenance (Section 24 HMA): During pendency of divorce proceedings either spouse can claim. Courts award based on immediate needs and husband’s income. Often decided quickly within 2 to 3 months of application.

Permanent Alimony (Section 25 HMA): Awarded at the time of divorce decree one-time lump sum or monthly amount for life. Courts consider standard of living during marriage, duration of marriage, and future needs.

Maintenance Under Section 125 CrPC: Fastest remedy available regardless of religion. Any Magistrate court can award. Awarded when husband has sufficient means but neglects to maintain wife and children.

Factors Courts Consider for Maintenance Amount

Husband’s Income and Assets: Courts examine salary slips, IT returns, bank statements, property holdings, and business income. If husband hides income courts draw adverse inference from lifestyle and assets.

Wife’s Income and Needs: If wife is earning her income is considered but does not automatically reduce maintenance. Courts look at the gap between spouses’ financial positions and pre-marital standard of living.

Duration of Marriage: Longer the marriage higher the maintenance generally. Short marriages of under 2 years may result in lower or no permanent alimony.

Number and Age of Children: Child maintenance is additional to wife’s maintenance. Older children in higher education require more support. Read: Child Custody Rights India.

Standard of Living During Marriage: Courts aim to maintain the wife’s standard of living close to what she enjoyed during marriage. Upper-class families see significantly higher awards.

Conduct of Parties: Adultery or desertion by the claimant can reduce maintenance amount. However, even wives with some conduct issues are not denied maintenance entirely under Section 125 CrPC.

Maintenance Amounts — Realistic Expectations

There is no fixed percentage. In Andhra Pradesh courts typically award 20% to 35% of husband’s net monthly income as interim maintenance. The Supreme Court in Rajnesh v. Neha (2020) issued comprehensive guidelines requiring full financial disclosure from both parties before maintenance is determined. One-time permanent alimony settlements range from 3 to 5 years’ worth of annual maintenance amounts.

Frequently Asked Questions

Q: Can maintenance be increased after the initial order?
Yes — either party can file for modification if there is a material change in circumstances increase in husband’s income, change in wife’s needs, children’s education costs, etc.

Q: Can a working wife claim maintenance?
Yes — the Supreme Court has held that a wife’s employment does not automatically disentitle her to maintenance. If there is a significant gap between spouses’ income and standard of living maintenance is awarded. Guide: Wife Maintenance Rights Section 125 CrPC.

Q: What if husband refuses to pay court-ordered maintenance?
File an execution petition. Under Section 125(3) CrPC each month of default can result in imprisonment of up to 1 month. Courts also attach salary or bank accounts for recovery. Full divorce guide: Divorce Procedure India. Free legal aid: NALSA — nalsa.gov.in.

Also read: Mutual Consent Divorce Procedure India | Section 498A Dowry Harassment | Best Divorce Lawyers Vizag

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

POCSO Act India child protection sexual abuse legal process - 19 Law Chambers Visakhapatnam

Legal Awareness

POCSO Act India: Child Sexual Abuse Protection & Legal Process

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

POCSO Act India: Child Protection and Legal Process Explained

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Child sexual abuse is a serious crime in India and the Protection of Children from Sexual Offences (POCSO) Act, 2012 provides comprehensive legal protection for all persons under 18 years of age. Every adult has a legal duty to report child sexual abuse. Failure to report is itself a criminal offence under POCSO.

What Does POCSO Act Cover?

POCSO covers all forms of sexual abuse of children including: penetrative and non-penetrative sexual assault, sexual harassment, pornography involving children, and attempt to commit these offences. The Act covers both male and female children under 18. Any person including family members can be accused under POCSO.

Key Features of POCSO Act

Child-Friendly Procedures: Statements must be recorded by female police officers. Evidence can be given through video-conferencing. Identity of child victim must not be disclosed. Special Courts: Every district has a designated Special Court for POCSO cases ensuring faster trials. Reverse Burden of Proof: Once it is proved that sexual contact occurred the burden shifts to the accused to prove it was not assault. This is a major departure from normal criminal law. Mandatory Reporting: Every person who has knowledge of sexual abuse of a child must report to police or Special Juvenile Police Unit failure attracts imprisonment up to 6 months. Punishment: Penetrative sexual assault minimum 10 years, up to life imprisonment. Aggravated assault minimum 20 years to life.

How to Report Child Abuse Under POCSO

Call the Childline Helpline: 1098 — 24-hour service. File FIR at the nearest police station police must register immediately without question. Contact the Special Juvenile Police Unit (SJPU) in Visakhapatnam. Know FIR process: How to File FIR India.

Rights of the Child Victim

Right to free legal aid throughout trial. Compensation from the State even if accused is not convicted. Complete anonymity name cannot be published anywhere. Child-friendly court procedures no direct cross-examination by the accused. Support from police and NGOs during the process. Free legal aid: NALSA — nalsa.gov.in.

Frequently Asked Questions

Q: Can a POCSO case be settled or withdrawn?
No — POCSO cases are non-compoundable. They cannot be withdrawn by the victim’s family or settled between parties. Only the court can decide the case. Any settlement pressure on the victim’s family is a separate criminal offence.

Q: What if the accused is a juvenile (below 18)?
Juveniles above 16 accused of heinous offences under POCSO can be tried as adults at the discretion of the Juvenile Justice Board. Juveniles below 16 treated under the Juvenile Justice Act.

Q: Can anonymous online grooming be prosecuted under POCSO?
Yes — online grooming, sending sexual content to children, and soliciting sexual acts from children online are all offences under POCSO and the IT Act. Report at cybercrime.gov.in. Also: Cyber Crime Laws India IT Act.

Also read: Women Safety Lawyers Visakhapatnam | Domestic Violence Act Rights | Free Legal Aid in AP

📍 30-6-12, First Floor, Daba Gardens, Visakhapatnam 530020 | 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

May 21, 2026 0 comments

CIBIL score dispute correction India credit report error - 19 Law Chambers Visakhapatnam

Banking & Finance Law

CIBIL Score Dispute and Correction in India: Complete Guide

by Ganta Surya Kiran May 21, 2026

written by Ganta Surya Kiran

CIBIL Score Dispute and Correction in India: Complete Guide

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Banking Law

A wrong entry in your CIBIL credit report can destroy your loan eligibility, affect your business, and damage your reputation even if you have never defaulted on a payment. Banks regularly report incorrect NPA entries, settled loans as outstanding, and fraudulent accounts opened in your name. Knowing how to dispute and correct CIBIL errors is essential.

Common CIBIL Errors That Can Be Disputed

Wrong NPA Entry: Your loan account is marked as Non-Performing Asset (NPA) even though you have been paying regularly. Settled Loan Shown as Outstanding: You paid off a loan but it still shows as outstanding or in default. Fraudulent Account: Someone opened a loan or credit card in your name using your identity identity theft. Read: Cyber Crime Laws India IT Act. Wrong “Written Off” Entry: Bank has written off your account in their books but you actually paid — the write-off shows in your CIBIL even though the loan was cleared. Duplicate Entry: Same loan appears twice in your report.

Step-by-Step CIBIL Dispute Process

Get your free CIBIL report at cibil.com. Review every entry carefully.
File online dispute at cibil.com/dispute selecting the specific account and nature of error.
CIBIL forwards dispute to the credit institution (bank or NBFC). Bank has 30 days to respond. If bank confirms the error CIBIL updates your report. If bank disputes you must take it up directly with the bank.
Send a written complaint to the bank’s Grievance Officer with all payment proof bank statements, payment receipts, NOC (No Objection Certificate) if loan was cleared.
If bank fails to respond within 30 days or refuses to correct file complaint with the RBI Banking Ombudsman at cms.rbi.org.in.
File a consumer court complaint against the bank for deficiency of service in maintaining wrong credit records. Consumer courts regularly award compensation for CIBIL-related suffering. Full guide: Consumer Court Complaint India.

Frequently Asked Questions

Q: How long do negative entries stay in CIBIL report?
Typically 7 years from the date of default even after the loan is paid. Settled accounts (not paid in full) remain for 7 years. Once corrected through dispute it is updated within 30 days.

Q: Can I remove a legitimate NPA entry from CIBIL?
If the NPA was genuinely due to a default it cannot be fully removed. However, once you repay and get a NOC from the bank the status updates from “NPA” to “Closed” which improves your score significantly over time.

Q: What if bank refuses to issue NOC after full repayment?
Bank is legally obligated to issue NOC after full repayment. File RBI complaint at cms.rbi.org.in and consumer court complaint. Also: Loan Default Rights India. Free legal aid: Free Legal Aid in AP.

Also read: Cheque Bounce Lawyer Vizag | Consumer Court Advocates Vizag | Best Lawyers in Vizag

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May 21, 2026 0 comments

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