Advocate Biswajit Pattnaik

Questions Answered by Advocate Biswajit Pattnaik

Q: Can first wife avail husband's pension benefits or maintenance

Hii, my mother is first and legal wife of my father. My father remarried to another before 25years having one son and two daughters. Now my father living in Bhubaneswar with his second wife. My father was employed in Indian railway and retired August 2017. My father never give any financial and social assistance to my mother. And my mother lives in inlaws house and no contact with my father since 25 years. Very surprisingly we got to know that family pension and other spouse related facilities can avail my stepmother due to her name is in respective documents. I want to know is it possible for my mother get maintenance charge and spouse entitlement like family pension etc... My father got job after 5year of marriage to my mother.

Advocate Biswajit Pattnaik answered
Dear , the pension of your father was eligible for your mother and your step brother and sister. So if you file a case against your father before the family court. Then it may be possible to get the maintenance. And the share from your father property also. Any assistance you may need contact directly.

Q: Procedure for filling a case of divorce

Hi, We got married on 23rd Nov'17.My husband kept avoife for getting physical. Before I questioned he told me that he has no health issues and he went through HIV test. It was only to scare me so that I won't feel to get physical with him.when he tried, he couldn't have errection.He told to me he has some problem.He has very weird behavior ,he feels so much when he sees any woman even in TV but he doesn't get errection.even when I went with him for his regular medical check up, doctor asked him that he should go through a test to check his capability but he ignored it and sent me out of the medical room.He is extremely angry and flirty with other women.He has habit of starring at other women in a bad sense. I questioned him and we kept fighting.he kept saying that I hate men n he cannot b both desperate and impotent both.I have seen him doing weird behavior which I can't discuss.I told it to his family and they mentally harassed me.alleged me that I have bad habits and I m mentally sic

Advocate Biswajit Pattnaik answered
Dear you can file a case at family court under section 13 at family court through a lawyer.and you can also claim maintenance under section 125 of croc. If you want you may contact me for the same. I will file for you.

Q: Legal age for live in relationship in India

What is the legal age for live in ??

Advocate Biswajit Pattnaik answered
The legal of a boy was21 years and the girl should be attain the age of 18 years as per the govt rule.so legally u should not be in a live in relationships. If you need any more suggestions then contact me.

Q: Can I marry a major girl before attaining the age of majority myself?

How to secure me if i am just 20 year old and want to marry a girl who is 24..but i cant wait till 21?

Advocate Biswajit Pattnaik answered
As per law it was not possible. Because the boy age should be 21 and the girl should be attain the age 18. So you may have live in relationship. And may before and God or goddess .But there is no chance of legal marriage till u reach the age 21.

Q: Can i claim property for my son of my deceased wife

Sir my wife and mother in law are expired.I have 2 sons.how can i get the share of property for my son. Is it possible or not? They were 3 brothers and 2 daughters from them my wife was expired last 2years.

Advocate Biswajit Pattnaik answered
yes u will get the share of the property from your father in law through filling a partition suit.your son will claim the property as they have their share in the said property.so if any problem arises u may contact with mr.