Advocate Aniket Joardar

Questions Answered by Advocate Aniket Joardar

Q: If I file divorce it is compulsory to give alimony

I have arranged marraige for 10years . Both are christian community. She is belongs by rich family. I am middle class family . My wife will not stay with my mother and me. My mother is ill person for that reason my wife and her famiy wants wife and me stay in rented house. So that last 9years we r seperated living. We have no kid or any sextual relation last 9years. My question is if i file divorce then i have to give any alimony to her?

Advocate Aniket Joardar answered
yes, you can file divorce suit against your wife and there are sufficient grounds to get decree of divorce. Your wife has an option to file maintenance case even you do not file any divorce case. whether she will get maintenance or not that is to be decided by the appropriate court.

Q: Can I marry with my cousin according to Hindu Marriage act

I am from hindu community. I want to marry my cousin(mother's brother daughter). Is it offense?

Advocate Aniket Joardar answered
No, you cann't. According to Hindu Law these relations are under prohibited degree of relationship and no marriage within the prohibited degree is permitted by the Hindu Law. Cousins from both sides i.e from the side of both the parents can not marry within themselves.

Q: Legal procedure for second cousin marriage under special marriage act

Am from west Bengal n my bf is from uttrakhand we both wants to marry each other but the pbm z he z my second cousin (my mother side grandparent brother daughter 's daughter) n i know under special marriage act it is possible so plz tell me what legal steps i can take to make that marriage as a legal marriage

Advocate Aniket Joardar answered
So far I gathered from your question your stated relationship is not fall within the prohibited degree of relationship as per Hindu Law. you can also marry as per Special Marriage Act,1954 If both of you are major and the boy has attained the age of 21yrs.

Q: Can i be accused of rape for being in a physical relation

I am hindu and i was in love and physical relationship with a hindu girl for more than one year. We decided to marry and our families agreed. While preparations, things went bad and the girl had ill-words with my family. My family decided to withdraw and we let them know that we cancel the marriage. It was discussed over phone. Now after 10 monthes, the girl's family is threatening to take legal step against me. They are even posting 'rapist' in my Facebook public images. Can i be accused of fake promise or rape? Shall i take any preventive measure? Is my professional career at any risk, if they complain?

Advocate Aniket Joardar answered
Unfortunately, answers of your all the questions are yes. If they lodge any complaint you will be an accused of rape. In that case she would take the plea that her consent obtained by deceitful means. initially it will hamper your professional career and social status.

Q: defective notice in ni act what to do

some has taken friendly loan from me 8 lakh.he has paid me 2 lakh. but he did not agree to reback balance amount. as a result there was huge arguments with him. at the end he has paid me 8 lakh rs cheque. But it was stopped payment. My lawyer has given legal notice demanding 6 lakh. The accused has replied and agreed to pay in installment. Now accused is saying its a defective notice so case should not continue. Now my lawyer does not getting any suitable court order for me.. pls help me. How and what should I do ?

Advocate Aniket Joardar answered
Well, from your question it is clear that you are in touch with a lawyer. it is wise to direct consult with a lawyer in your case because the N.I Act cases are very technical in nature. Without gone through the concerned documents or evidences it is not possible to guide you properly. If you are not satisfied with your present lawyer you can easily contact with another competent lawyer for your help.