Advocate Madhumita Chand

Questions Answered by Advocate Madhumita Chand

Q: Regarding alimony and maintaince

Sir , I have married in AMFOI before 3 years.And starting from the beggening , we r continuously fighting . So now I want to get divorce as she is constantly blackmailing me Over some of my private videos and photos with someone else . So i wanted to know that 1. If the marrige in AMFOI , bhbaneswar is legal and valid marrige (NO rituals or registration has been done ) ?2. If it's not Valid , then will there be ground for alimony or maintaince ( we don't have any children) ?

Advocate Madhumita Chand answered
The first issue is to verify what exactly you mean by “married in AMFOI.” Merely participating in a ceremony or obtaining a document from a private organisation does not by itself establish a legally valid marriage. If you are claiming marriage under the Special Marriage Act, 1954, the statutory procedure before the Marriage Officer is important, including declaration by the parties and three witnesses, solemnisation and entry of the marriage certificate in the Marriage Certificate Book. Therefore, before concluding whether you need divorce or whether the marriage itself is legally valid, the AMFOI document/certificate and all documents signed by both parties should be examined. Do not assume that the marriage is invalid simply because no religious rituals were performed.Regarding maintenance/alimony, an invalid or disputed marriage does not automatically mean that the other party can never claim any monetary relief. The entitlement depends upon the applicable law, nature of the relationship, facts of the case and proceedings invoked. Therefore, it would be unsafe to give a definite “no maintenance” opinion without examining the documents.The allegation of blackmail using private/intimate photographs or videos is more serious and should be dealt with separately. Preserve all WhatsApp chats, messages, emails, call details and screenshots containing threats. Do not delete or circulate the private material yourself. Depending upon exactly what threats have been made, appropriate criminal/cyber remedies may be available.I would suggest getting the marriage documents and blackmail communications legally examined first. Only thereafter should you decide whether to proceed for divorce/nullity and/or initiate separate action regarding the threats.

Q: High interest loan app k khilaaf kya action lena chahiye

My husband trapped high interest rate loan app Is bright loan app or Bharat loan app RBI registrated They charges 10% processing fee or 1% per day interest rate Plz give me a solution

Advocate Madhumita Chand answered
Do not make any further payment merely on the demand of the loan app without first verifying the actual lender. “Bright Loan” or “Bharat Loan” being an app name does not itself mean that it is RBI registered. Normally, the bank or NBFC actually providing the loan must be identified and its RBI status verified.Please check the loan agreement, sanction letter and Key Fact Statement (KFS). These documents should disclose the actual lender/NBFC, amount disbursed, processing charges, interest/Annual Percentage Rate (APR), repayment amount and grievance officer details. Charging 10% as processing fee and particularly 1% interest per day requires careful examination of the loan documents and applicable RBI digital lending requirements.Do not take another loan to repay this loan. Preserve all screenshots, bank statements, loan documents, WhatsApp/SMS communications and details of recovery calls. If the recovery agents threaten, abuse, blackmail, access contacts/photos or harass family members, preserve the evidence and consider approaching the police/cyber authorities.A written complaint can first be made to the concerned bank/NBFC and its grievance officer. If it is an RBI-regulated entity and the grievance is not satisfactorily resolved, the RBI Ombudsman mechanism may also be available.The exact legal position can be advised after checking the loan agreement/KFS and identifying the actual lender behind these apps.

Q: ecourt case stage and lawyer not in sync

Filed divorce on Sug14. Lawyer asked to collect notice on Aug31. On Aug31 and Sep1 he said it's not ready but took fee.On Sep2 stage shows Defect Removal and next date Oct6. Now lawyer says there are no defect and asking to wait. Is he lying? Can I check myself without him?. I had prepared the draft petition still he took 1.5 months to file and now this. Please advise.

Advocate Madhumita Chand answered
No, based on the facts stated, it would not be appropriate to conclude that your lawyer is lying merely because the case status shows “Defect Removal.” This generally indicates that certain objections/defects were raised at the filing or scrutiny stage and were required to be rectified. Even after rectification, the online case status may take some time to reflect the updated position.However, you have every right to independently verify the status of your own divorce case. Ask your lawyer to provide you with the CNR/filing number, copy of the petition actually filed before the Court, filing acknowledgment and the defect memo/objection, if any. You can also check the case status yourself through the official eCourts portal/app without depending entirely upon your lawyer.The delay of around 1.5 months in filing is a separate matter. If your lawyer is unwilling to provide the filing documents or if the information provided by him is inconsistent with the official court record, you may obtain the case record/status independently and, if necessary, consider changing your advocate.At this stage, first verify the court record before making any allegation against the lawyer.

Q: Email Defamation – Legal Advice

I seek legal advice regarding a potentially defamatory email. I requested support for a 7-month Odisha motorcycle awareness journey with my rescued street dog; I asked for no money. In reply, I was called a “total fraud,” “criminal” and “useless criminal,” and accused of extracting money in the name of cancer/animals. I sent the email only to her, but she added a third party in CC. I have no known fraud FIR/case. Can I seek legal action, retraction and apology?

Advocate Madhumita Chand answered
Yes, you may have legal remedies for defamation. Calling a person a “fraud” or “criminal” and making allegations that he extracts money in the name of cancer/animals, if false and communicated to a third person, may constitute defamation. Since another person was added in CC, the element of publication to a third party also requires examination.Under Section 356 of the Bharatiya Nyaya Sanhita, 2023, defamatory imputations may attract criminal liability, subject to the statutory exceptions. Civil remedies for protection of reputation and damages may also be considered depending upon the facts and evidence.Preserve the complete email chain, including headers, your original request for support, the reply containing the allegations, and documents establishing the genuine nature of your Odisha motorcycle awareness journey.A legal notice can initially be issued demanding withdrawal/retraction of the defamatory allegations, a written apology and an undertaking against further publication. If the matter is not resolved, appropriate civil and/or criminal defamation proceedings can be considered.The complete email correspondence should be legally reviewed before initiating proceedings, particularly to assess publication, falsity, reputational harm, jurisdiction and any possible defence available to the sender.

Q: Root and tree hamper to our house

Request help on this as neighbour coconut tree, root and branches hamper boundary and roof.

Advocate Madhumita Chand answered
Yes, you have legal remedies. If your neighbour’s coconut tree roots or branches are entering your property and causing damage to your boundary wall or roof, or creating a safety risk, it may amount to a continuing nuisance.First, preserve clear photographs/videos showing the tree, overhanging branches, roots and any damage caused. A written legal notice can thereafter be issued to the neighbour requiring removal/trimming of the offending branches or roots and prevention of further damage.If the neighbour fails to take necessary action, appropriate proceedings for mandatory/permanent injunction can be initiated before the competent Civil Court. Compensation may also be claimed if actual property damage has been caused.If the tree or its branches are in a dangerous condition and there is an immediate risk of falling, a written complaint may also be submitted to the concerned Municipal/Municipal Corporation authority for necessary action.The appropriate course will depend upon the location of the property, boundary/ownership documents, extent of encroachment and nature of damage.