Advocate Atanu Patra

Questions Answered by Advocate Atanu Patra (50+ answers)

Q: After providing all details to bank and police authority still my acco

I have around 90k in my account, out of which rs.2600 complain amount and that also I sold crypto at binance and have money receipt which binance provided, I have shared all details to both bank and police official, still my account is under restriction.I am from Kolkata, West Bengal, and the complaint is from KrPuram Police Station, Karnataka. Layer 2 complain

Advocate Atanu Patra answered
I can assist you with the legal aspects of the bank account restriction arising out of the Cyber Crime/L2 complaint lodged at Krishnapuram Police Station, Karnataka. Since you have documentary proof showing that the disputed amount is only Rs. 2,600 and the remaining funds are from a legitimate crypto transaction through Binance, the transaction trail and source of funds can be important in seeking appropriate relief.The matter may require verification of the complaint/FIR or NCR details, bank freeze/lien instructions, transaction trail, and the communication between the bank and investigating authority. After examining these documents, an appropriate representation can be made before the concerned Investigating Officer and the bank, seeking de-freezing/release of the undisputed amount, subject to law. If the restriction continues without proper consideration despite supporting documents, appropriate legal remedies before the competent court may also be considered.Please keep ready the bank statement, freeze/lien communication, Binance transaction records, proof of source of funds, complaint/FIR details, and all communications already submitted to the police and bank.

Q: How can I save my marriage when my husband wants divorce

My husband wants divorce from me as he has relationship with another woman & wants to marry her but they both are denying. We got married in Nov2016. He is pressurizing me for divorce and has filed the petition under Sec 23 though I didn't receive the court order yet. How can I save my marriage as I don't have anyone except him &he is my only family.Pls advice as I don't want the divorce and want to spend my life with him because he is my only family & is my world. I'm completely depended on him

Advocate Atanu Patra answered
Your situation requires immediate and careful legal action. Since your husband has already filed a divorce petition, you should first obtain the complete petition, case number, court details, and the exact grounds on which divorce has been sought.If you genuinely wish to save the marriage, you can contest the divorce proceedings and place your willingness for reconciliation before the Court. Allegations regarding an alleged relationship with another woman do not by themselves automatically entitle him to a divorce; the legal grounds and supporting evidence must be examined.You should also ensure that you do not sign any divorce or settlement document under pressure. If you are financially dependent on your husband, you may also explore appropriate remedies for interim maintenance and litigation expenses, subject to the facts and applicable law.Most importantly, do not ignore any court notice or proceeding. A proper written statement/reply should be filed within the prescribed time, and your defence should be prepared after examining the divorce petition and available evidence.If you share the divorce petition/order sheet, I can guide you regarding the specific legal defence and the immediate steps that can be taken to protect your matrimonial rights.

Q: Contested Divorce case related query which ground can file

My brother has been married and he is already experiencing significant mental stress and is unable to maintain peace of mind in the marriage. He wants to seek a divorce.However, his wife is not willing to agree to a mutual-consent divorce. In this situation, what legal options does he have? Can he file for a contested divorce without his wife's consent?could you recommend some experienced and reputable lawyers who specifically handle contested divorce and matrimonial cases from the husband's sid

Advocate Atanu Patra answered
If the marriage is governed by the Hindu Marriage Act, the husband does not need his wife’s consent to file for a contested divorce. Mutual consent under Section 13B is only one option; where mutual consent is not possible, a husband can institute a contested divorce petition under Section 13 on legally recognised grounds such as cruelty, desertion, etc., subject to the facts and evidence of the case.The important point is that “mental stress” or simply being unhappy in the marriage, by itself, may not be sufficient. Specific facts constituting a statutory ground must be established before the Court. The Court will consider the pleadings, evidence, conduct of both parties and the overall circumstances.An experienced matrimonial advocate can assess the facts, identify the appropriate ground, prepare the petition and also advise regarding maintenance, child custody, residence and other connected proceedings, if applicable.You may consult a matrimonial lawyer with experience in contested divorce from the husband’s side before taking any step.

Q: BNSS Section 144 – Territorial Jurisdiction

In BNSS144, , both the husband and wife are employed in Kolkata. The mother subsequently took the minor child to Jharkhand and admitted the child there in school. Thereafter, she filed a maintenance case in Jharkhand on behalf of the minor child.In such circumstances, can the husband challenge the territorial jurisdiction of the Jharkhand family court and request for dismissal of case on the ground that both the husband and wife are working in Kolkata

Advocate Atanu Patra answered
Yes, the husband can challenge the territorial jurisdiction, but merely stating that both spouses are employed in Kolkata is not by itself sufficient to automatically dismiss the Jharkhand maintenance proceeding.Under Section 145(1) BNSS, 2023 (corresponding to old Section 126 CrPC), a maintenance proceeding under Section 144 can be instituted where the husband is, where the wife resides, where they last resided together, or where the father/mother resides. �India CodeIf the wife has shifted the minor child to Jharkhand, is actually residing there and the child is studying there, the Jharkhand Court may have jurisdiction depending on the precise facts and the statutory basis of the claim. Therefore, the husband should raise a preliminary objection on territorial jurisdiction, supported by proof that the parties ordinarily reside/work in Kolkata and that the child's relocation was subsequent and unilateral.File a preliminary objection/petition challenging territorial jurisdiction, annexing employment/address proof, school/admission records, and evidence of the parties' ordinary residence in Kolkata, and seek return/dismissal of the proceeding for want of jurisdiction, while expressly reserving all other objections on merits.

Q: Maintenance for daughter from my husband

My daughter 14 yrs old and I am staying in India and my husband stays in usa bt we got married in usa following Muslim law nikah though I am Hindu and I got pregnant over there bt due to domestic violence I came back to India when. I was 3 months pregnant till then my husband not came or gave any maintenance for my daughter not me also left contact and denied to contact our daughter I keep on sending mail bt he never send any money for my daughter not even talk to her .hw is govt can help me?

Advocate Atanu Patra answered
Based on the facts stated, you have legal remedies in India even if your husband is presently residing in the USA. Since your daughter is a minor and has been neglected for several years, you can file a petition for maintenance on behalf of your daughter before the competent Family Court in India. You may also initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, seeking monetary relief, compensation, and other appropriate reliefs, subject to maintainability on the facts. If the marriage was legally valid under the applicable law, you may also explore appropriate matrimonial remedies, including divorce, if you so desire. If your husband is avoiding the proceedings, the court can issue summons through the prescribed legal process, including international service where applicable. Preserve all emails, messages, proof of marriage, your daughter's birth certificate, medical records, and any evidence of domestic violence and non-payment of maintenance. These documents will be crucial in establishing your case. A detailed examination of the marriage documents, the place of marriage, applicable personal law, and your husband's current status in the USA is necessary before deciding the most effective legal strategy.