Advocate Gitesh Banerjee

Questions Answered by Advocate Gitesh Banerjee

Q: What can be done if defaulter is not coming to court

I got cheque which bounced 2015.i filled case of cheque bounce. I am leaving in asansol. Till date person didn't present in court make excuses. Warrant issues bt police will nt take any action. Police told he is not available. Please help me out

Advocate Gitesh Banerjee answered
You should make a prayer before the concern Court praying for issuing Warrent of Arrest against the accd. person through S.P or Commissioner of Police of the area where the accd. person use to reside.

Q: Arguments leading to brutal violent fights how should I handle it

My husband is beating me brutally after any argument or sometimes without argument ... I have a son who studies in class 8. What should I do ?

Advocate Gitesh Banerjee answered
You should file a complain again your husband before the police as per the provision of sec. 498A IPC, or a complain before the protection officer, district social welfare section seeking assistance for lodging complain U/S- 12 of PWDV Act 2005.

Q: Can wife claim maintenance after divorce

My husband took exparte divorce order without my knowledge n not giving any maintainance for me and my daughter since April17. He left house in Aug2015 with my son who is now 19 yes. My daughter is 14 yrs now. He is living together with a divorcee lady n her son with whom he had relation a long time back. I m in tremendous financial constraints nowadays as I have no income. What action I shud take to overcome d situation?

Advocate Gitesh Banerjee answered
Though your husband got an exparte order of divorce your status is still the divorcee wife, you can file application U/S- 125 Cr.P.C claiming maintenance for your self and your minor daughter in the Sub-divisional Court where you reside or if you feel it necessary you can opt the free legal assistance also.

Q: Parents died without Will dont have anyother house how to give share

I resides in my ancestral house for more than 10years .Both my parents passed without a will. I have 3 married sisters. I do not have any other property to stay apart from this.How will I handle my sisters claim in it?

Advocate Gitesh Banerjee answered
Your married sisters are also legal hair of your deceased parents unlike you and they can also clim their share in your father's property and if they gift you their share only then you will be the absolute owner of the said property.

Q: Is dating other women after filing divorce punishable?

I have filed divorce against my wife after 1.5 years separation. Now at this moment if I am moving around with any other woman, can it be a punishable offence? Moving around means chatting, dating etc.

Advocate Gitesh Banerjee answered
It depends upon the Case whether the Divorce Case has been filed on mutual consent or in contested form, if it has been filed mutually U/S- 13B, or Sec. 28 of SPL. Marriage Act then nothing to worry but if the same has been filed U/S- 13 of H.M Act or Sec. 27 of Spl. Merriage Act then you can face trouble.