Advocate Anish Acharya

Questions Answered by Advocate Anish Acharya

Q: How much time it takes to get Interim custody of my 3 year old girl

I applied for Interim custody of my 3 year old girl baby.How long it will take to get my baby.How court hearing will be for interim custody.What are all the chances of getting my baby as a mother

Advocate Anish Acharya answered
How long? is always a question. The probability of getting a child's custody depends on facts and circumstances. The age and other factors are not forthcoming herein. You being a mother it can be said the chances you getting the custody is a high possibility.

Q: How to deal with false allegations of dowry demands

I sent my wife back due to her mental problems. After a couple of months i was told by her lawyer that she wanted a divorce to which i agreed. I was even ready to settle her claims. she had also agreed for a Divorce with mutual consent, i was unable to complete the paper work as i was facing problems with my health and job.The entire process was delayed by a couple of months. I now came to know that she intends to file a dowry harassment case against me and my family stating that we have demanded the gold and the property. which is not true. she has been telling my relatives that i have never cared for her and threw her out of the house and abandoned her. She is now living with her parents What measure should i take to save my aged parents and my job. Please help Regards, Thomas

Advocate Anish Acharya answered
Your wife seems to be ill advised so as to harass you further. However, you cannot prevent your wife from filing a dowry harassment case. She has every right to do it. In the meanwhile, in dowry harassment cases police cannot arrest a person unlike before.Once it is intimated about filing of Dowry Harrasment against you. You need to get anticipatory bail so as to protect yourselves.

Q: How to sue for deficiency of services

I have purchased a flat from a builder in 2015 and shifted in it last year Feb. Since last year rainy season, there is water seepage from the roof of my drawing room when ever started raining. Despite repeated request builder has not done any repair work. I am in a stage of mental agony. Please advise me what step I should do. Recently the building association have been formed, but they could hardly do any thing. There are deficiencies of services in other areas also.

Advocate Anish Acharya answered
The facts putforth by you would make out a case of a flat with defects. It definitely forms the duty of the Seller/builder to rectify the defects in the products sold. You very well fall within the definition of a consumer and can sue the buyer for the damages for the defect and can also compell builder to rectify the defects. Filing of a consumer complaint would be a speedy and best available solution for the facts narrated.

Q: Can anyone be charged of inducing a divorce?

My friend just separated from her husband of twelve years. I am a coach. She had sought advice about her relationship with me. I had advised her to give the relationship a hundred percent and despite that if she felt that the relationship was not on the mend, to walk away. The husband feels and plans to charge me for inducing the divorce. Is it a relevant charge? Can a friend be accused of encouraging a divorce?

Advocate Anish Acharya answered
There is nothing in Indian Law to punish for Inducing for a divorce. As this matter belongs to family issues, the mediation and moral support is very much essential for both the parties. A mere friend cannot be accused of a inducement just for the reason that he had assisted a party at their difficulties.

Q: How to deal with adultery by spouse

It’s an AM according to MUSLIM Law, We had marital relationship for 2days then he started living in a separate room with his parents. He tried convincing me he is a GAY but I found out about illicit relationship with colleague( a married woman with 2kids). I have proofs of hotel bills, acceptance of affair and chat records etc. We still tried to reconcile but husband has written suicide letter and mentioned “she is my love I can’t live without her”. Now, I have filed a FIR 4months back under section 498A,497 on him and his family then through advocate filed for DV. Now they’ve filed 482CrPc on the FIR from the high court for in-laws and husband’s brother. My questions are 1. Is there is any chance of quashing an FIR? 2. Can I put any other sec on him according to Indian law as he had physical relationship with me only for 2days and deserted me saying I was never interested in this marriage? 3. Can I include through PCR or any other way sec 420,120B against mistress and husband?

Advocate Anish Acharya answered
1. Quashing of an FIR by the high court is considered on different foots. To answer this question it is essential to look into the complaint filed and also the nature of allegations made. This is better explainedi in the land mark case of Bhajan Lake the law laid down to quash a complaint in the case of Bhajan Lal. You could very well fit within the Indian law to initiate criminal action against your husband under section 493IPC. However it is less advisable. On the other hand it is advisable to initiate Divorce proceedings so as to enable yourself to be on a stronger side.