Advocate Shayak Chakraborty

Questions Answered by Advocate Shayak Chakraborty

Q: I would like to separate with my husband

I have been married for 2 years.From the initial days there has been lack of compatibility.Our priorities in life are different.In every fight I am the one who has to crush my principles and ego and apologize.Moreover I am considered as a nobody since I dont work and earn.Its now becoming unbearable as i dont see any emotion from his side.His attitude is that we should lead our respective lives and not bother each other.

Advocate Shayak Chakraborty answered
As per your situation you have two options that can be persued by you :1) You can opt for a Judicial Separation, for this you can file petition of judicial separation in the respective court with just grounds, these grounds should be as per mentioned in section 13 of the Hindu Marriage Act.2) You can opt for getting a Divorce Decree, for this as well you will be required to file a divorce petition in the respective court, as per the grounds mentioned in section 13 of the Hindu Marriage Act, for your case you can take up the ground of cruelty which has caused both mental and physical agony to you.The grounds has to be mentioned clearly and has to be proven efficiently by your lawyer. Once the court has been convinced, then a necessary order can be passed in your favour.And if both you and your partner are willing to mutually get separated, then of course things become easier as none will contest the divorce or judicial separation and hence the court would grant either one (which ever you choose to pursue) in more expedient manner.

Q: Want advice for divorce. What are my legal options ?

My husband is not willing to stay with me where he is staying at present and forcing me to stay with my in-laws. He is having extra-marital affairs and he was also involved in domestic violence issues. So I have been living with my parents since 8 months. Now he is not ready to sign divorce papers. What should I do? Please help me.

Advocate Shayak Chakraborty answered
First of all be sure if you want divorce or not. And if you are sure about it then all you need to do is file a divorce petition in court through a lawyer. In this divorce application state all your grounds for seeking divorce. As you have mentioned that you doubt your husband might be having an extra-marital affair and there have also been incidents of torture, these reasons are good enough to seek divorce. Since it will not be a mutual divorce, there will be contest and if the judge is convinced by your submissions, you would be granted divorce.

Q: What to do if court rejects divorce decree

My wife is a SLE patient.Which is not cureable but treatable.After 1 year of our marriage frequently she was ill in mentally.So i beg divorce from court in Hindu marriage act.I have few medical report and prescription of her before our marriage.which is the proof they hide about her disease to us.Need to know,am i get the divorce?At reconsulation we both diney to live with together.Afterall if I rejected to get divorce decree what to do?Because we can not live with each other.And mutually possibility is very low from her.

Advocate Shayak Chakraborty answered
First thing try and talk and discuss this matter with your wife along with other family members/friends who can help you both to decide and apply for a mutual consent divorce, if this is not possible at all then you may go ahead and file a divorce petition through a good lawyer. In the divorce petition it will be required for you to provide and adduce evidences of her disease and give witness if required to make your grounds strong. If the petition filed by you is rejected then you will have an option to appeal.

Q: Shareholders not performing partition or demarcation, what to do

My grandfather's self acquired land property without will,has 5sons,one daughter and one wife.the succession is done from Panchayat and land distribution (not demarcation) in every shareholders name is done from BLRO...also parcha is made.Grandmother gifted her share of land to my mother(youngest daughter in law),which is registerd and parcha obtained in my mother's name.Now my father and mother wants to sell their shares..but other shareholders are not performing the partition deed and demarcation.. How to sell their shares?

Advocate Shayak Chakraborty answered
There is no bar on you from selling your share of the property, as section 7 of the Transfer of Property Act states this fact, being a co-owner of the property you have all the right to transfer your share to another co-owner or an outsider for any consideration. But there will always be a confusion as to the exact share of each co-owner in the absence of partition and therefore partition of the property is always preferred. If the other co-owners are refusing to get the partition done mutually or are obstructing you from selling your share then the only way you have is to file a ''Partition Suit" and then get your property demarcated.

Q: Husband tried rape me after ten days marriage , what can i do?

I got married 10 days before it was a arrange marriage thats why i asked my husband for some time to settle down and to accept him as a husband bt last night he tried to force me for sex and when i apposed him he has bitten me very badly and attemed rape now i dont want to spend a single day with him i want divorce from him i want to know how long it will take to get divorce and i want to fill case against him also what are the charges i can file against him and for how long he will go to presion

Advocate Shayak Chakraborty answered
File a criminal complaint against your husband under section 498A of the IPC. Unfortunately, our laws do not recognize marital rape as an offence, so spousal torture is all that you can charge your husband with at the moment. However, divorce will take some time as Indian law does not allow speedy divorces.