Advocate Lalatendu Das

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Questions Answered by Advocate Lalatendu Das

Q: Regarding Anticipatory Bail Against FIR

My company lodged a fir against me for misused of company cash amt. 566000. But I don't know about the case. May I apply for bail?

Advocate Lalatendu Das answered
You can go for anticipatory bail from high court. You have not mentioned in what capacity you are working as an employee in your company. It is very important to know that whether you are in charge of handling company cash or not.

Q: Bail in the matter of chit fund case

My father has been but behind bars by CBI under chit fund fraud case in orissa. He is innocent and was just an employee in the company, the managing director, chairperson and bods have eloped. We applied for bail in CBI court, it got rejected and now we are waiting for sessions court next date as in the first time, the vaccation judge asked to present proof that he was not MD or in authorotative position. Public prosecutor is saying he was director, which he was not. He is under detention since may 9. No chargesheet or fir against him has been filed. Plz suggest will he get bail in sessions court and if not how to get him out as soon as possible as he is 75 years old and completely innocent. In all six people have been arrested.

Advocate Lalatendu Das answered
You have not mentioned the contents of forwarding report against your father while he was forwarded to court What are the allegations against him.At this stage I can say police will not submit final charge sheet.Granting bail is the discretionary power of court.You have to establish why bail would be granted.Anyway you have to file bail application before court.

Q: Reopen the case of ex-parte divorce

Hi sir. My husband and I are married in feb 4 ,2014.after one year,I was pregnant.during my pregnancy,my husband and my mom in law was started torturing me.when my parents are came to know this situations.they took me away from there.after my delivery to till date my husband didn\'t come to look at my child n me.its been 4 years now.meanwhile my husband got a ex-parte divorce with fake address...now I came to know about this after one year....what should I do now???? Plz suggest me....

Advocate Lalatendu Das answered
If you are sure that by the help of a fake and false residential address they have taken the divorce ex parte...you can challenge it in upper court.To pass an exparte order the court has to confirm on certain points.whether those conditions are followed or not.You have to find out

Q: My rights for divorce and after divorce

We are married since2014 .living separately since 2017. Had an miscarriage ( intra uterine fatal death 32weeks) in 2016.i can't handle the mental stress anymore with him and his mother n unmarried elder sister. Always taunting about my dark color, money n gifts from my parents, cooking.Basically I'm a slave. I won't mind doing housework as a family member but at least give me some basic respect. So I left. They never contacted for a year then he called and said want to meet outside to talk I told him to come to my parents home so we all can discuss. But no. He don't want to come just keep blaming me n my family. He says you left without permission on your own so I won't call you back n I never did anything wrong so why would I discuss with your parents .Now after two years of separation I want a divorce. Can you please help me about my rights of filing a case and rights after divorce.

Advocate Lalatendu Das answered
You can file divorce for mental cruelty and physical harassment and above all on dowry torture. You gave not mentioned above the profession and financial background of your husband. Anyway you can claim intrim maintenance and permanent alimony. It will be best to discuss verbally

Q: Divorce from drunken husband due to physical and mental torture.

My sister married to someone according to Hindu marriage act. He was a farmer. We came to know his drunken problem after marriage. Its been 13 years since marriage. He is beating and selling all household for alcohol. His parents separated from him due to this. He is in alcohol re-habitation center since last 4 years. My sister staying alone without money and living in a very poor condition. My nephew is staying with us and we are taking care of him since he was 1 year old. When he visit home he used to torture my sister. She now wants divorce because of mental and physical torture. Please suggest whether this case comes under cruelty?

Advocate Lalatendu Das answered
Yes ofcourse. This is completely mental and physical cruelty.your sister can seek divorce in a family court as per her current living place.Now if you think there is no chance of change in attitude of your brother in law then you should advise your sister to take proper legal action asap without wasting time.