Advocate Avik Ghosh

Questions Answered by Advocate Avik Ghosh

Q: Want to get divorce from my husband.

I got married 4 years back. But we never stayed together. Now my feelings have changed, and I want to look forward. But he is saying I have to stay with him according to low if I don't want to also? Is there any way to get divorce with out staying with him?

Advocate Avik Ghosh answered
There is no law exist in country which prevents you from staying on your own. If your husband doesn't want to give divorce then you file divorce case before the court. If he doesn't want to give divorce then he will contest.

Q: Girlfriend Blackmailing for False Rape Case for Marriage

Had 4 years of love relationship. Wanted to marry each other. Hence talked to the parents on both sides in April 2018. Had consensual physical relationship in October 2018. The relationship turned sour owing to her continuos obsessive behaviour in 2019. Even after convincing her she did not change. Later I informed her in June that I don't want to continue and would inform her parents. In 2019 November even though I resisted for no feelings, she wanted to have sex for her physical needs. She seduced me and even I resisted but later I gave in. In Dec and Jan 2020 we fought again and we broke off. Now out of grudge she informed the same to her parents and they threatened me to marry or else they will complain to the police. I have text messages where she has admitted that the sex were consensual and out of her love for me. Along with that there are messages where she seduced me and I objected to her desires. Please help whether this evidence can save me from false rape case if lodged.

Advocate Avik Ghosh answered
Consensual sex is not amounts to rape. Keep those messages in your safe custody and also try to collect as much evidence as you can which could help you in court. Just relax no need to worry. and does you girlfriend is below the age of 18yrs at time of having sex?? if not then you no need to worry. Just collect the vital evidence and keep it with you.

Q: Divorce related information...............de

I have done love marriage after 6yrs relation. After marriage my husband and my inlaws started misbehaving with me for various things.i left them and and started living in a different city and got a job .they started forcing me to leave the job or else give a divorce.when I have not left the job my husband started giving suicide threats to come back.now I told them to give a divorce but they are denying that we want you back and we dont want to give a divorce. I dont want to go back .please help me what I can do now.

Advocate Avik Ghosh answered
you have to file a divorce case. If your husband doesn't want to give divorce in that case the divorce will be a contested one. You can also file domestic violence case against your husband and in-laws

Q: What to do in case money paid to builder and construction not started

I have booked one flat 2.5 yrs ago after paying 20% of total flat cost. But no construction work has been started yet. I have repeatedly asked the developer regarding delay of the construction work, but no satisfactory reply came from their side. What should I do?

Advocate Avik Ghosh answered
Dear client, You can file a case against the developer before the consumer forum. There you can claim for your compensation. For that you need to meet a lawyer along with all the papers and documents.

Q: Case under 307 pending want to sell his flat which is not related

i have filed fir u/s 307/379... etc. there are case counter case even ... can i sale my flat during this case which has nothing to do with the matter . is the sale legal by law

Advocate Avik Ghosh answered
Dear Client, If the flat is not related with case then you can sell the flat. There is no legal obligations. You can freely sell your flat. ..