Advocate Purna Ch. Sarma

Questions Answered by Advocate Purna Ch. Sarma

Q: Procedure to take divorce from husband if things are not working well

I am a hindu women.. My marriage has completed 12years and have a daughter of 10years old but from last three years i am residing in my parents house.. And my daughter is living with her father ! I want to get seperated so that he could not trouble me any more in future and i dont want any allumani from him nor want to pull my daughter in between us ... If my daughter is happy to live with her father i dont have any problem.. But now i want to get seperated from him so that he could also live his life and i could also... Kindly suggest me what to do and how to do as we have no marriage proof of getting marrired to each other ... We didnt married in temple nor in court...

Advocate Purna Ch. Sarma answered
Cohabitation as husband and wife in the society is the best proof of your marriage and your daughter born due to the nuptial not of both of you. Now if you want to separate from your husband then you can file divorce petition against your husband either u/s 13B or 13(1)(ib) of H M Act 1955. Also you may consult with a lawyer or with me.

Q: The spelling of the name of mother different in different certificates

The name of my mother is spelt differently in my birth certificate and in my matriculation certificate as the matriculation certificate is generally prepared as per the birth certificate...But on the other hand in my Higher secondary certificate it has been mentioned in different spelling, which is the actual spelling of her name but phonetically these two names are same in our native language..Now I want to knlw if mother name wrong in all educational certificates what problem will be done in future while applying passport,visa or studying abroad?if yes then how do I resolve this issue?

Advocate Purna Ch. Sarma answered
OK, different names of one and same person in different documents may create problems for your future purpose and to overcome the same you have to submit affidavit stating that the different names are belong to your mother and the person so named is the same and one having single identity.

Q: Can writ petition be filed if no action taken by local authorities

I have certain trees that are damaging my warehouse and are also creating a danger of falling over my employees. I have report to valid my issue from most of the local authorities including DFO and Circle Officer . I initiated a civil suit last year but till now there is no actual proceedings taken by the SDM and to my surprise he visited to premise on 3 months back and didn't even care to submit his inspection report till date and no further date have been issued by him. I have even written letter to him that there is a immediate need of remedy . He neither does anything nor replies to the Letter. Can I file a writ petition or there is some other solutions to solve this situation?

Advocate Purna Ch. Sarma answered
If the trees are standing upon your own land, then it is not necessary to file any writ petition for seeking a direction of removing the same from the hon'ble court but you have to apply to the local forest office for granting permission to remove the same as per the provision Forest Act.