Advocate Ashis Chakraborty

Questions Answered by Advocate Ashis Chakraborty

Q: Can an Indian couple file for a divorce in UK?

I am Hindu married woman (Hindu Marriage Act 1955).We got married in 2014 17th Feb, arrange marriage (Wes Bengal, India). We never spent conjugal lifestyle, though we are living in same house. Presently we are residing in UK. We are willing to get divorce .Could we able to file divorce petition from UK? Is there any obligation for second marriage for any of us?

Advocate Ashis Chakraborty answered
You can't file any suit at UK. Since you and yr husband are not the citizen of uk . Hence you will have to file divorce suit in India.After divorce you will have to wait certain time as provided in the Act.

Q: Ejectment of tenant in Kolkata how to proceed

I am a landlord in Kolkata. My father (expired) let out two rooms to a tenant. The tenant expired in Sept,2015 at 97 years leaving behind one unmarried daughter 61 years, and 5 married sons. Now 4 married sons used to stay in our own house after shifting from my house. (earlier all of them used to stay in my house in let out two room). The tenant wife expired 15 years back. In my house presently the unmarried daughter and a married son is staying. They sent lawyer letter asking me to issue rent receipt in name of 5 brothers and one sister. I denied this and file suit for eviction as they are not my tenant and their present status are as TRESPASSERS My question what is the chance of getting judgement in my favour. Is hon'ble court will allow to stay them for five years or ask them to vacate as no one is dependent on their father as their father at the age of 97 do not have any income such rent/bank interest/pension. I shall be grateful if you please give your expert opinion.

Advocate Ashis Chakraborty answered
After the expiry of your father ( Landlord) you have stepped into the shoe of your father as Landlord. You have not mentioned apart from you who are the legal heirs of your deceased father (landlord). After the death of original tenant his legal heirs viz; sons and daughters automatically step into the shoe of their deceased father.You cannot deny their existence as Tenant. You have not cleared how you came to the conclusion that present two who are residing in your house are trespassers. As per Premises Tenancy Act if they are defaulter in paying rents in that event by providing notice you can declare them a Trespasser and file eviction suit after one month of service of legal notice.It is not clear whether you served any legal notice upon the present residing two persons.In my view if any case filed by you that would be very weak and it would b difficult to get any judgement in your side.

Q: How to apply for mutual consent divorce and maintenance

Hi After 8 yr marriage husban can not life together he said he has not feelings so he cannot stay together ...he recently change job in bangalore he not givem adrees in banglore .my inlaws are also suport him they canot give me adress ...but my husband give me money and daughters essential goods ...but did not say anything ...not interested to me no call me not received a call .now we stay in parents house .my question is if i am go any legal step then during this period if he stop the money .i am not working woman ..i have 1 yr daughter .i have no idea officename resent banglaroe adress .his salary slip .kindly give me the suggestion what to do ?if go to mutual what amount husband give for maintance ,. If any case after divorce husband death what abount monthly maintanance ? What to do pls suggest go to mutual divorce or case for maintanance ?

Advocate Ashis Chakraborty answered
Gone through your problem and query. You can file mutual divorce application under Section 13B of Hindu Marriage Act,1955 before the district Judge of your locality where you last resided together with your husband or where your marriage was solemnized or where you presently reside .In mutual divorce application both of you can mutually opt for permanent alimony considering your future and your daughter's future.In the said application your husband will agree to pay lump sum amount as permanent alimony for you and your daughter.Since you do not know the address of your husband and where he works in that case it is difficult for you to file Divorce application under section 13 of Hindu Marriage act,1955 in the District Court. Therefore , it would be better and convenient to go for mutual divorce.

Q: What is the procedure for applying for divorce

SIR/MADAM, MERA NAME AJAY(HINDU) GHAZIABAD ME RAHTA HUN. MERI SADI NOV 16 ME HAU OR MUJHE PATA CHALA MERI WIFE MENTALY WEAK OR ILLITERATE . YE BAT USKE GHAR VALO NE CHUPAI. ABHI TAK HAMARE SEXUALLY RELATION BHI NAHI HAI 1.) MAIN DIVOCE KISE LE SAKTA HUN. 2.) MARI SALERY( BASIC 10 K +3 K OTHER = 13000.00) MUJHE KITNA RS. DENA HOGA USKO 3.) KYA MIAN MAN HANI KA CASE KAR SAKTA HUN. 4.) MAIN APNE AP KO DOWRY , DV OR ETC SE KISE DEFEND KARU. 5.) AAGE KYA PROCESS LEHA HAI MUJHE PLS SUGGEST

Advocate Ashis Chakraborty answered
It can be presumed from the facts that she had filed Mutual Divorce Suit under section 13B of Hindu Marriage Act,1955 means husband has also agreed to go for mutual divorce on mutual consent.In the span of 6 months procedure wife cannot reside with any person before getting Decree of Divorce on mutual consent. If the same is brought to the notice of husband he may disagree to go for mutual divorce and withdraw the suit under Section 13 B of Hindu Marriage Act,1955. In that event section 13(2) of Hindu Marriage Act 1955 will attract.

Q: How long does a contested divorce case take

I want divorce from my husband. How long it will take:- 1. If husband agree initially and changes his mind after filing the case.

Advocate Ashis Chakraborty answered
In depends in which section of Hindu Marriage Act 1955 you wish to file divorce application. If it is filed by you under Section 13 in that event it is long drawn proceeding.Sometime it takes 5 to 8 years to get a Decree of Divorce in West Bengal.But if you file the Mutual Divorce Suit under Section 13B by both you and your husband in that it will be decided after six month from the date of filing of mutual divorce suit under Section 13B.