Advocate Dhrubaraj Bhowmik

Questions Answered by Advocate Dhrubaraj Bhowmik (200+ answers)

Q: Mutual divorce process in kolkata

Dear Legal Team, This is to request you to let us know the divorce rules in west bengal and procedure for Divorce by Mutual Consent. Also I have some few specific queries: 1. Is the minimum of 1 year separation of stay mandatory? or can it be managed somehow? any proof needed for more than one year separation between husband and wife? will they (court) inquire strongly on this or will they be reluctant just based on our saying and approve the divorce filing? 2. Can somebody remarry without getting divorce? Any legal way out on this? 3. Can somebody adopt any child of another lady (by any legal terms) without the consent and legal approval of his current wife? 3. How much maximum time will it take to get the divorce? 5. What will be the total cost? Your quick response will be highly appreciated. Thanks & Regards

Advocate Dhrubaraj Bhowmik answered
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.For mutual consent divorce both the parties required to wait one year from the date of marriage.And the 6th months cooling period can be waived The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver.the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.and fees vary from lawyer to lawyer .And without divorce of the first marriage second marriage is illegal.

Q: Can fir be quashed after filing of chargesheet ?

Sir , I would like to know one thing , can I go to the High Court for quashing the case which is running with the only sec - 448 IPC against me . In the year 2018, a person had lodged an F.I.R against me u/s-384/120(B)/379/448 IPC & later , the police station gave me a notice u/s-41(A) Cr.Pc & thereafter , I had complied the said notice & I got anticipatory bail from the High Court . I knew that the said case is completely false .The said investigation has now been completed , the charge sheet has already been framed against me by only SEC 448 IPC which is absolutely bailable & rest of the sections have been withdrawn by the investigating officer .Till now, the trial has not been started so in such circumstances , can I go to the High Court for quashing this case ,can fir be quashed after chargesheet?, is it possible at this time? Please sir give me advice in this regard , what should I do ??

Advocate Dhrubaraj Bhowmik answered
You can file quash petition before the Hon'ble High Court under section 482 of the Code of Criminal Procedure for quash the criminal proceeding against you.But without detail discussion and without chargesheet , FIR review proper consult is not possible.

Q: If i divorce my wife what compensation for divorce do i need to pay

I am a Muslim by religion. I want to divorce my wife. I am state govt. employ. how much compensation for divorce & other expenses I have to pay to my wife at the time or after divorce. In this con. I am to state that I have a 9-yr old son. Pl. advise me.

Advocate Dhrubaraj Bhowmik answered
If you file a Petition for divorce by mutual consent then the child custody and alimony everything is fixed by the both parties free consent and otherwise if you file a contested divorce and if your wife claim maintenance then the maintenance decide by the court based on your income income of your wife and age of your wife .

Q: Can 498a case continue after divorce ?

We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A ipc case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.

Advocate Dhrubaraj Bhowmik answered
If your wife does not co- operate to withdraw the 498A case after Mutual consent divorce then you can file a quashing petition before the Hon'ble High Court under section 482 of the CrPC for quash the 498A case based on the conditions mentioned in the MCD .But without detail discussion and document review proper consult is not possible.

Q: What is alimony right of divorce wife if a wife is govt employee ?

Am Hindu by religion & have been married under Special Marriage Act. Even after one year, my marriage was not consummated due to impotency of my husband & after several counselling by my parent & relatives my marriage failed. My husband & in-laws have pressured me to give up my government service job which I refused & ultimately after days of mental pressure I have decided to go for mutual divorce. My husband & in laws agreed for mutual divorce also but only on two conditions that they wont give any financial compensation & they want me to return all the jewellaries which I recieved from them & their relatives as gift Kindly note that my in laws belong to rich family & my husband has an annual income of 45 lacs per annum. I would like to know whether I can get any alimony from my husband during mutual divorce & whether I can claim the jewelaries recieved as gift from my in laws during my marriage. Please advice as the lawyer have said that I can't get any alimony as I'am a gov employee. please tell me what are the government employee divorce rules ?

Advocate Dhrubaraj Bhowmik answered
Maintenance or alimony fixed by the court and depends on husbands income and earning capacity of wife and age of the wife various factors. And in my opinion without detail discussion proper consult is not possible.