Advocate Mousumi Choudhury

Questions Answered by Advocate Mousumi Choudhury (25+ answers)

Q: my wife wants to divorce ,but she dint have specific reason behind it,

my wife wants to divorce ,but she dint have specific reason behind it, I asked what is the reason why you don't stay with me? She says I just don't stay with you I just wanna go home or anywhere else. If you people forced me to stay I will take step to suicide or somthing.what should i do now please help

Advocate Mousumi Choudhury answered
If a person doesn't want to stay with you, you should let her go. If you tried to keep the relationship, it may harm you mentally as well as physically. She may lodge any complaint against you for mental torture as well as physical torture .

Q: My Birth Certificate Not Found In Government Record

I have a hard copy of my Birth Certificate showing Regn. No. 1728, DOB 15-09-1996, Registration Date 26-09-1996, and Issue Date 08-04-1999. During police verification for a government job, the District Magistrate’s Record Room (Purba Bardhaman) officially informed the police that these details do not match with their birth register. The police have clearly told me that because of this mismatch, my job is in danger.The hospital where I was born states that they already sent all birth records to the DM office and no longer have any register. I strongly suspect that at that time only a handwritten certificate was issued by the hospital and the birth was never properly entered or preserved in the official registration book. As per the DM office, my name is not found in the official birth register and some other name appears against my registration details. All Other Documents have Same Name Spelling and Same DOB. At this point what should I do? I am very Depressed.

Advocate Mousumi Choudhury answered
file a RTI to the hospital and after getting the current report file a writ petition in the Hon'ble High Court. In that petition you can state the mismatch, and only after High Court's direction the authority will correct the original date of birth.

Q: Amount Marked Lien On My Hard Earned Clean Money

A few days back, my Savings A/c (Kolkata) with a balance of Rs.2,33,655 got marked as 'includes lien', therefore, total available balance showed Rs.1,13,655. I contacted the bank and came to know that it has been frozen from the police station (somewhere in Uttarakhand). Now, the available balance came down to Rs.1,08,701. I don't know how is this even happening with my own hard-earned money. I'm not able to use a single penny for my daily expenses. Please guide me.

Advocate Mousumi Choudhury answered
write a letter to the bank manager. wait for his reply. if he would write you anything about Uttarakhand, then write a letter to the concerned police station and send a copy to the bank and your local police station. after that wait for a few days ( as per your given dates) and then contact to a lawyer.

Q: We Just got engaged my husband is cheating HELP

I just got engaged a few days back with my boyfriend and I came to know he is cheating on me with another lady. What can I do legally? I CANT speak Bengali much..

Advocate Mousumi Choudhury answered
Don't go for a LEGAL bonding. Is there any cohabitation? If yes, then you can file a criminal case against him. Clause 69 says that if a man promises to marry a woman, but does not actually intend to marry her, and still has consensual sex with her, this will amount to a criminal offence. Sex under deceitful means or false promises to marry, may be punished with a prison term that can extend up to 10 years.

Q: Divorced parents pension query.

My parents have been divorced for 25yrs. None of them opted for a 2nd marriage & we both children have been co existing with both of them & there has been no complications ever since but my father who has been a retired state government school teacher has expired on Jan 21 this year.I saw a few regulations where it says my mother still can be the successor of my fathers pension since my mother or father none married since their divorce. So can she receive the pension?What is the criteria?

Advocate Mousumi Choudhury answered
pension?When a couple gets divorced their pensions are usually included in the financial settlement along with property and other assets. Without a 'consent' or court order confirming the settlement, both parties can make a claim on their former partner's pension, regardless of how long they've been divorced. while drawing attention towards Rule 50(j) of Central Civil Servants (Pension Rules), 2021 (hereinafter referred as Pension Rules) submitted that divorced wife also came within the definition of family..