Advocate Aftabul Hussain

Questions Answered by Advocate Aftabul Hussain

Q: Bail be applied in the same court after once being rejected

How many times I can apply anticipatory bail same court (sessions court) after rejected sessions court

Advocate Aftabul Hussain answered
HiSo far your question is concern, there is no bar for filling successive bail application before the court, but it is mandatory to state the new condition/ development in every application. Otherwise it will be rejected.

Q: Complaint when advocate is blackmailing in the criminal and civil case

HI SIR, WE ARE FROM COMPANY, WE HAVE TWO CASE FROM COMPANY ONE IS CRIMINAL DEFORMATION AND ANOTHER IS CIVIL DEFORMATION BOTH ADVOCATE IS BLACKMAIL WITH US THAT WHY WE Want TO WHAT TO DO.

Advocate Aftabul Hussain answered
Dear Sir It is very unfortunate to hear this as a lawyer, any way so far your problem is concerned, first we have to see what about the case status now. and moreover you can approach the concerned Bar Association or Bar Council where the counsel blackmailing you. Besides that, if you have needed any assistance then you may contact me.Thanking You.

Q: Husband found cheating, ignoring all his responsibilites

We had an inter-religion marriage and I am still Muslim and he Hindu belonging to a tribe of Assam (STPlains). we have two children-- Daughter 18yrs, son 11yrs. I'm an independent working women. so my querry is not related to finance. For the last 11yrs I have been putting up on my husband cheating on me with having several extra marital relationships. he would tell me to find someone too. I have once caught him in a compromising position with his cousin sister at home. Recently he has talk of divorce but not yet filed. I have rejected his idea of mutual divorce. so now he has to cook up ways to ask for it. Meanwhile he is for the last three days holidaying with his girl friend in Port Blair. My daughter had a vital exam today. His duty is limited to providing us money for the maintenance of the children. I m therefore aggrieved, stressed and going through tremendous mental trauma. my question -is mental stress punishable under law or only physical violence counts?

Advocate Aftabul Hussain answered
Dear Mad'mSo far your query is concerned, there is a strong case against your husband for making domestic violence, where mental violence also counts and so far the maintenance of your children are concerned, he is obviously bound to look after them.so you can proceed for this and if you willing any assistance then you can make call me.Thanking you.

Q: how to claim my son's right in his grandfather's property divorced

I am a divorce. My ex husband suffers from sysophernia. My father in law made a house in guwahati by himself. He has expired recently. My ex husband is moody and incapable of looking after the house. Our son is 18 year's. .and how can he take the ownership of the house ..Please help

Advocate Aftabul Hussain answered
Dear Mad'mSo far your query is concerned, it is necessary to sit with you for discussing the matter . There will be case for succession for getting the ownership of his father's property. Thanking You.

Q: Structure on setback being used towards commercial activity

Dear Sir In the apartment building that we reside in, an area of 5.3 meter has been marked as the front set back area in the Guwahati Municipal Development Authority approved drawing. Now the tenants of apartment Block 1A who runs a Café (A Bistro House) wants to encompass the front set back area by putting up structure towards carrying out their commercial activity. To the best of our knowledge Set backs are common areas and are kept free where no construction either temporary or permanent can come up. Do the tenants have the right to use the Set back area towards their commercial activity. Ours is a co-Operative society and the original owners of the land had already been allocated individual apartment etc as per their terms with the builder. Does the land original land owner have any exclusive right over the seback area?

Advocate Aftabul Hussain answered
Dear Sir/Mad'mSo far your query is concerned,if some activities are developed by the said tenant, your first duty is to inform the local board in writing by mentioning your objections. By which they are not able to take the constructions permission.Hope you go ahead.