Advocate Moumita Sarkar Das

Questions Answered by Advocate Moumita Sarkar Das

Q: Will it be a forced/fraud marriage ?

This lady's relative never shared photo or detail of the groom neither she was allowed to meet the groom in person or allowed to talk over phone neither her relative asked her for her consent for the marriage prior to the marriage. She was ordered to get married. She saw her groom for the first time on the wedding day. Will this marriage be Fraud & Forced Marriage ? Can she apply for nullification of marriage on these grounds ?

Advocate Moumita Sarkar Das answered
yes .. it's a ground of nullity of marriage if the marriage was registered on the day of marriage it will be filled under the special Marriage Act, if it is only a social marriage then the nullity of marriage will be filled under the Hindu Marriage Act. but the time between the marriage and the filing of nullity should be less than one year

Q: Need lawyer for quashing petition

Filed quashing petition against 498A in Calcutta HC, now need a lawyer who can help efficiently and resolve the case quickly.

Advocate Moumita Sarkar Das answered
What is your current place of residence, and under which court's territorial jurisdiction do you reside?In which specific Court of First Instance (Lower Court/Trial Court) is your matter currently pending, and what is the assigned Case Number / Record Number?On what specific legal grounds, statutory provisions, or cause of action was the underlying petition/plaint instituted?At what stage of litigation is the matter currently posted (e.g., Service of Summons, Filing of Written Statement, Framing of Issues, Evidence, or Final Arguments)?

Q: Question regarding SMA law hiikemcajkmmcagy

Hello, Can you please let me know if there is any way to waive the 30 day residence clause in Kolkata for registering under Special Marriage Act? I can give 30 day notice but I will be in Kolkata only 30 day before marriage date. Thanks

Advocate Moumita Sarkar Das answered
Under the Special Marriage Act, 1954, there is no statutory provision or legal mechanism to waive or curtail the mandatory 30-day notice period prescribed for the solemnisation or registration of a civil marriage. Sections 5, 6, and 7 of the Act collectively establish a strict procedural framework requiring couples to submit a written notice of intended marriage to the Marriage Officer. Upon its publication, a compulsory 30-day waiting period ensues to permit the public invocation of objections.

Q: Admissibility of Alimony/ Maintenance after Mutual divorce

Mutual divorce was executed one year ago with no claim on either side. It was also mentioned that no claim will be made in future. But the wife unable to get any job to maintain her day to day life hood. Meanwhile got temporary job but now unemployed and dependent fully on retired father. Will it be prudent to file case for her maintenance or permanent alimony so that she can maintain herself?

Advocate Moumita Sarkar Das answered
Anlegally wedded wife, as well as a divorced woman (who has not remarried), is statutory entitled to institute a maintenance petition in the first instance. Upon the passing of the order under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if she is aggrieved by the quantum or terms of the maintenance granted, she may invoke Section 146 of the BNSS to seek an alteration or modification based on a change in circumstances. Furthermore, she retains the statutory right to prefer a criminal revision petition before the higher judiciary to seek an enhancement of the order.

Q: Which court to apply for early hearing

Petitioner is taking Adjournments and not providing any evidence.case was filled on 2024 . If i apply for early hearing which court should I approach is it high court or same family court in which case is pending. What is possibility that court will grant early hearing to such case and how long it will take to decide for early hearing application?

Advocate Moumita Sarkar Das answered
yes, if a matrimonial case has been pending since 2024, and the petitioner repeatedly seeks adjournment without producing evidence,you have a reasonably strong basis to seek expeditious disposal or early hearing.firstly approach the same family court where the case is pending. If the family court continues granting repeated adjournment despite your objection, you can then consider approaching the jurisdictional High court considered Article 227 petitions seeking expeditious disposal of matrimonial proceedings and direct family court to complete them within a specific period.