Advocate Sachetan Ghosh

Questions Answered by Advocate Sachetan Ghosh

Q: Rules regarding PR Visa when criminal proceedings is in course

 I have a criminal case section 380 and 424 ,which was lodged by our tenants falsely. This is totally a false case and the tenants do not stand a chance but the case is ongoing for 4 years now . Most of the time they do not appear in front of the court . the FIR was lodged against my father ,myself and my wife . now i am planning to get a Canadian PR visa in MRPS route for work purpose I this process a PCC ( police clearance certificate) is needed for me to submit with all other relevant documents . Now how do i get this PCC and will i get a PCC in my scenario as i have a case ongoing in my city . Please advise me on this .... regards

Advocate Sachetan Ghosh answered
you can get the proceedings quashed and as an interim measure can apply before Hon'ble high court for allow you to move and direct the police authorities to provide for interim clearence. But for that sufficient cause need to be shown .

Q: Neighbour has given objection for building extension

We are extending our house, while our Neighbour has given Objection to Gram Panchayet that we didn't leave any space (1.5 feet) on one side, so for that we can't make any window on that side. and Panchayet has given construction stop order till they come and view the plot, although we have taken permission from panchayet before starting the construction, and the objection is also false, we had already checked few times and we left enough space that is required to leave(1.5 feet). but Now Pancheyet is delaying and our work is stopped. what we can do in this case. Please suggest

Advocate Sachetan Ghosh answered
If the construction you have done as per sanction plan and you have paid the sanction fees No one can stop you to construct . Not even Panchayat . Please file a writ petition against the high handedness aof the gram panchayat authorities.

Q: Partition of a land with building separated among legal heirs

A land of 3 katha at bansdroni, kolkata in the name of my mother who died in 2008 leaving behind her husband, 3 sons, 2 daughter. my father gave me his share 1/6th by gift deed undivided in 2011. I only willing to get partition. I have constructed on 600 sq.ft. whereas my second brother constructed 550sq.ft. and third brother going to construct on 500sq.ft. please advise.

Advocate Sachetan Ghosh answered
you should file a partition suit and obtain interim injunction upon your brothers and stop them from construction. subsequently you can get the suit decreed and get a declation on the land for your portion inthe property.

Q: What action can be taken if wife has filed false case .

HINDUISM, MY SON MARRIED A LADY WHO IS A DOG LOVER. ONE YEAR IS COMPLETING NO BODYRELATION HAS BEEN GROWN.MARRIAGE TOOK PLACE ON 27/11/2015 AND THEY ARE SEPERATED FROM 22/01/2016.THE LADY FILED A CASE SEC125 AND MENTIONED MY SON IS TORTURING HER FOR DOWRY ITEMS BUT WE DID NOT TAKE A PIECE OF THREAD.SHE HAS CLAIMED MONTHLY RS30000 AND FOR LITIGATION CHARGE RS 50000

Advocate Sachetan Ghosh answered
As no consumation takes place file u/s 12 . marriage annulment is not very common. To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by either the husband or the wife in the marriage. The grounds for marriage annulment are stated in the petition. The annulment procedure is similar to that of a standard divorce. A divorce can be much more complicated than an annulment.

Q: Annulment of marriage on grounds impotency

Hi, My entire family is extremely worried about my sister who is going through a very difficult marriage. Its been a year but her husband has not consumated the marriege yet.This seems to be a clear case of impotency of her husband.She is under extreme agony & was under tremendous mental pressure & have decided for seperation. Since the marriage has not been consumated she & our entire family want a null & void. I would like to know how 1) She would file for a null & void marriage 2)How long the case would take to resolve 3)What are the compensation she can claim as a penalty from her husband. I am saying this because we belong to a lower middle class family & have spend quiet a lot on her marriage.4) How much it will cost for my sister to fight the case.She is very upset & we are concerned about her future. Please advice. Please note both husband & wife are hindu...we had a typical arrange marriage with marriage registry done on marriage day under hindu marriage act.

Advocate Sachetan Ghosh answered
Marriage annulment is very common. To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by YOUR sister. The grounds for marriage annulment are stated in the petition. The annulment procedure is similar to that of a standard divorce. A divorce can be much more complicated than an annulment.