Advocate Bandhupriya Dey

Questions Answered by Advocate Bandhupriya Dey

Q: I want to file an divorce against my wife

I am married for last two years. My wife is a State Govt employee and myself is a central Govt employee. For job we are staying different state. For last one and half year she did not keep any relation and she is staying at her parental home. I also come to know that she had an affair with her colleague before marriage which continues after marriage also. I have collected some proofs regarding the affair. She also made false complaint to my department to demean my image. I want divorce from her. Please suggest my further course of action.

Advocate Bandhupriya Dey answered
You can always file a divorce petition but prior to that send an Advocate notice to your spouse. If your wife agrees with you then you can file a petition on mutual consent and if she disagrees then you have to contest.

Q: Validity of 498 cases after mutual divorce

My friend is a Hindu by religion and married another Hindu lady in 2014. Both are in Govt. service. They got married by special marriage act in the year 2014. My friend's wife has filed a case against him under section 498 in the year 2015. Later she filed another case of Domestic violence against him seeking for alimony in the year 2015. She filed another criminal case against him in the year 2016. My friend has filed a case for contested divorce against her in 2018. After that, the case of Domestic Violence has been dropped in the year 2018 since she realized that she can’t get any alimony since she is a Govt. servant. She has also withdrawn the criminal case filed in 2016 against him. Now, they are asking my friend to withdraw the case of contested divorce and go for a mutual settlement. However, the outcome of the case filed under section is 498 is unknown. Now, my question is that whether the case under section 498 will be automatically dropped if they are mutually divorced?

Advocate Bandhupriya Dey answered
498 A is a criminal case. It can be withdrawn on comprised ground. For that your friend has to proceed to the Court where the same has been filed. Yes, your friend can withdraw the petition for divorce and file a new petition on the grounds of compromise in the family court.

Q: Interim maintenance granted too low in comparison to income of husband

husband created misunderstandings between my parents and me(only child),by showing them pictures of my past relationship before marriage which my parents were already aware of.my parents confiscated my educational documents,passport,wedding jewelry etc.I consulted lawyers and left home.my parents and husband created immense chaos in my office due to which I was kicked out from my job.hence left homeless penniless.my husband filed divorce case in 2016feb which got dismmised in 2018feb due to wrong jurisdiction.i filed domestic violence against my own parents and husband.the judge passed an order to my parents to submit documents which they have done.husband filed a divorce again. grounds of divorce was always adultery.previously he took name of my past relationship now he takes name of some known friends who are helping me.interim maintenance order passed for25000 only but husband is captain in merchant Navy salary 12000 dollars pm.what can I do?

Advocate Bandhupriya Dey answered
I don't know what your lawyers suggested but you can always file a petition before the court to recover all the confiscated items. Its always been difficult to prove adultery. So let your husband prove the allegations brought by him.Interim maintenance is something provided in the period of urgency. Wait for the final decree and if not satisfied then you can always go for revision.

Q: Will court consider my property while allocating alimony to wife?

I am Hindu, married for 1.5 years. The relationship between me and the wife is not going well. We do not have any children and she is not pregnant. Divorce is likely to occur. Both of us have job with about 35k per month salary. But I have significantly higher amount of self acquired property. The property is not generating any money currently. To make money out of it some investment is needed. Shall court consider my self acquired property while allocating alimony to wife? If yes shall court consider the absolute Sell Price of the self acquired property or Just the potential of income it can generate while calculating alimony? Is she likely to get any alimony?

Advocate Bandhupriya Dey answered
You have not mentioned whether your wife is contesting the case or you have filed divorce on mutual consent. If the case is a contested one and your wife has mentioned the details of your aforesaid property then the Court may consider the value of the property with other properties while allocating the alimony.

Q: What should I do if the judge has not stated actual fact in orders

Sir, My mother filed U/S-31 of the D.V Act against the accused persons in 2014 & later, the trial was started in the Judicial Magistrate Court. My mother gave her testimony during the case even I also gave my testimony in that case on behalf of my mother, my mother submitted copies of document with first in this case and now the argument was completed & the date is fixed for judgment but my mother collected the certified copy of the datewise orders where we have seen, the said magistrate stated in his order that my mother declined to give any evidence even nobody had given any evidence on behalf of my mother and no copies of document was mentioned in his order dated. My mother informed her lawyer about this matter but the said lawyer told: "Don't inform this matter to any other, I'll do something". In this situation, what should my mother do? My mother wants to transfer this case from such court & my mother thinks that she can be deprived of justice. Pls, sir suggest me?

Advocate Bandhupriya Dey answered
Just wait for the final judgement and if it is not satisfactory you can always move for an appeal to higher court. If your mother gave her testimony earlier and had signed after on that page then there is nothing to worry.