Advocate Dharmananda Deb

Questions Answered by Advocate Dharmananda Deb (25+ answers)

Q: Wife affairs with a men from last 4 years I don't want divorce

Last 4 years my have affairs with one of guy he is army from her village but last 2 years she serious with this man talking late night around 2,3 4 am and whatsapp calling. Actually last 2-3 years I'm working outside of my home town and she is not talking with last few months. She is trying to fighting with me but I'm not want divorce her Please help how to handle 3rd person.

Advocate Dharmananda Deb answered
Avoid direct conflict with the third person. Speak to your wife calmly and honestly, express your willingness to save the marriage, and suggest counselling or mediation with trusted family members if necessary. Do not threaten, harass, or take any illegal action against the other person. If the relationship continues to affect your marriage, consult a family lawyer to understand your legal rights while still making sincere efforts at reconciliation.

Q: I am cenior citizen prefer first hearing

I have a civil suit from 2014 now I intend to know that I can get any special relief for early hearing for final decision

Advocate Dharmananda Deb answered
Since the civil suit has been pending since 2014, you may file an application before the trial court under Section 151 of the Code of Civil Procedure, 1908, seeking expeditious hearing and early disposal on the ground that prolonged pendency causes serious prejudice and defeats the ends of justice. If the trial court does not grant appropriate relief despite the inordinate delay, you may invoke the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India for a direction to the trial court to dispose of the suit within a specified time, as courts consistently recognise that undue delay in civil proceedings undermines the effective administration of justice.

Q: Mutual consent divorce with wife having ataxia

Is it possible to divorce wife with mutual consent suffering from celebrallar ataxia with full responsibility wof child and her care will be borne by me

Advocate Dharmananda Deb answered
Yes, divorce by mutual consent is legally possible even if the wife is suffering from Cerebellar Ataxia, provided she is mentally capable of consenting, and the settlement clearly secures her welfare and the child’s future. Your willingness to bear full responsibility will be viewed positively by the court.

Q: Appropriate time of filing divorce case

My wife just after three months of marriage, severed ties with me and filed a fake and frivolous DV case against me and my parents & sister and the case is going on since last Nov 2024 and the case has not even reached the stage of cross.As a husband can I file a divorce case against her and will it be positive step for me.Please Guide Me.

Advocate Dharmananda Deb answered
Yes, you can legally file a divorce case even while the Domestic Violence (DV) case is pending, and in appropriate circumstances, it can be a positive and strategic step. The pendency of a DV case is not a bar to instituting matrimonial proceedings.

Q: Can a 19 year old boy get married in india ?

sir.i am 19 years old and my gf is 18 years old. can a 19 year old boy get married in india? can we marrige now...please give me a soliution we love etchother very much but our family was not understand so please give us an idea how to we marrige ,what is the legal age for marriage in india ?

Advocate Dharmananda Deb answered
In India, the legal age for marriage is 21 years for males and 18 years for females. Since you are 19 years old and your girlfriend is 18 years old, legally you are both not eligible to marry without the consent of your parents or guardians.However, there are options you can consider:1. **Wait Until Both Reach Legal Age**: You can wait until you turn 21 and your girlfriend turns 18. At that point, you can marry without needing parental consent.2. **Seek Parental Consent**: If you both are eager to marry before reaching the legal age, you can try to convince your parents or guardians to provide consent for your marriage. This involves having open and respectful conversations with them, explaining your decision, and addressing their concerns.3. **Legal Remedies**: In some cases, if parental consent is not forthcoming and you believe there are valid reasons for marriage (such as pregnancy), you may explore legal options. This typically involves seeking approval from a court under special circumstances.4. **Counseling and Support**: It's important to consider seeking counseling or advice from a trusted adult or professional who can provide guidance and support during this process.Before making any decisions, ensure that you understand the legal requirements and implications of marriage in India. Marriage is a significant life decision, and it's important to approach it thoughtfully and responsibly.