Advocate Arnab Kumar Banerjee

Questions Answered by Advocate Arnab Kumar Banerjee

Q: Contest / Appeal in Divorce Case

Almost 1 year 6 month from the month of my marriage. Self and my wife stayed together for 20 days. Now my wife filed a case against me on Dowry Demand, Domestic Violence and Abuse and above filed case is 100% false case. How to override and i am not willing to accept the demand of by wife in terms of money and i dont want to give my saving for a false case. from my side we spend all my saving for my marriage. Please contact me through mail will be good because i am working foreign country.Please provide me suggestion.

Advocate Arnab Kumar Banerjee answered
it is important to know what your girlfriend is saying . unless we understand why doesn't want to give divorce we cannot file any action . and so please tell me what your girlfriend is saying . why she doesn't want to divorce you ? be specific . we want a definite action . you must be specific .

Q: Sale of gifted land and sale to other person

hi sir can i sell my land which was gifted by. Father

Advocate Arnab Kumar Banerjee answered
ofcourse you can if the gift is unconditional one. to ascertain the nature of gift please share the gift deed with me. i will review the deed and tell you if you can sell the land or not. please provide more info.

Q: QUERY REGARDING SECTION 354C IPC

Suppose a scenario where infront of a boy a woman enters into a toilet.The boy notices something at the downpart of the door some insect or a irregular object at the end down side of the door.The boy tries to see what is it.For this the boy makes his head low and sees the door from down end.Another man sees from back that the boy is trying to see something from under the door and assumes that the boy is seeing the woman in the toilet engaging in private act.The boy has proof that no one can see a private part of anyone in the toilet from outside the toilet.Means the door and the floor are designed in such a way that the toilet foor is down and the outside the door floor is high.So it is impossible to see a private part of a woman from outside the toilet door.So please state that although the boy is not seeing the woman but only seeing the door's end but still can a case be made against him as per section 354IPC.And please mention the punishment also for it.

Advocate Arnab Kumar Banerjee answered
who will sue you and why? the lady can sue you but she does not knowvyou did it. the man cant sue you since he does not have locus standi. then i think there will be no case. further more if you have any trouble you can contact me.

Q: How to retrieve my found phone from Police?

I was travelling to Sikkim from Bagdogra airport on December 12 and my phone got robbed by one of three men who entered my cab. The local police (Pradhan Nagar Police Station, Siliguri), in whose presence my phone got stolen, wrote my complaint after hours of begging. After about a month, I received a call from the police station saying that my phone is now found but I have to spend money from my own 19 year old full time student pocket to travel from my house in New Delhi to go back to Siliguri and stay there for about 7 days while the court hearings will take place, get a accommodation in a hotel, pay for food, transportation etc till they can agree to give my phone back to me. There is no way I can get the money to do that, but I really need my phone back as it has been extremely difficult to survive here in Delhi without a phone for two months. I have friends who have relatives in Siliguri who can bring the phone for me but the police denied. Please please help.

Advocate Arnab Kumar Banerjee answered
you should better co-operate with police . you are you are the complainant in this case . so you must co-operate with police . there is no way your materials can be transferred to Delhi . this matter took place in Siliguri . so it's trial must be happened in the court Siliguri. you can intimate the court about your inconvenience to appear hearing Siliguri . but the final decision rests on Court .

Q: False FIR and civil criminal defamation case

A nationalised bank falsly alleged me and lodged an FIR. After that the police sent me to Judicial custody for more than two months. When I came out through bail, I filed a crl pet for quashing the fir. Now the said case is on hearing stage. So, please let me know if the FIR is quased can I file a defamation case against them. How much amount can i claim. And is there any option is available for Court fee waiver for filing defamation case.

Advocate Arnab Kumar Banerjee answered
yes you can file a defamation case. you can ask for any amount as compensation. just use the judgement of quashed FIR as a proof of defamation. and you can use the papers of your cases as the mental harassment and other harassment has been done to you wearing judicial custody. that's all.you can win the defamation case.