Advocate Mrinmoi Chatterjee

Questions Answered by Advocate Mrinmoi Chatterjee (200+ answers)

Q: How to stop sale of property self acquired or anscestral ?

My grand father(karata joint hindu family) makes a MEMORANDUM OF ORAL PARTION RECORDED 2 months before death in 1981. my father have 4 brother(DEPONENTS) and 3 sister. all 3 sister gives registered RD in favour of 4 brothers after that all brother((one of my father) divide property in each share and mutation in MCD RECORDS by indemnity bond AND affidavid. now my father owner of his share and also name of my father in farahad and property tax. THIS PROPERTY NOW MY FATHER IN SELF ACQUIRED OR ANCESTRAL. can i stop to sale this property. how to stop the sale of a property ?

Advocate Mrinmoi Chatterjee answered
You can stop the sale of the share of your property by filing a suit for partition and injunction. It would be considered as ancestral property for the purpose of succession and partition. You should file a suit for partition and injunction to get your share.

Q: Possibility of criminal defamation case against false complaint

Sir, (1) One SC category person filed a complaint against me with SC/ST Commission of India, DCP conducted inquiry and held that the complaint could not substantiated as complaint was made to pressurize me to withdraw court cases that I had earlier filed against that SC person and were pending. (2) That SC person filed again filed his 2nd complaint to Parliament of India against me alleging use of caste based remarks for her. Through Ministry of Home affairs, Delhi Govt. Director of my depart came to my district and an inquiry was conducted against me. In the inquiry report said complaint was found false. Now on the basis of these two complaints can I file a case of criminal complaint for defamation u/s 499/500 IPC against that SC person or the only remedy for me was to file case for damages for malicious prosecution. Please advice. Regards

Advocate Mrinmoi Chatterjee answered
Dear ClientYes on the basis of these two reports you can most definitely file for defamation, both criminal as well as civil. Under civil defamation and malicious prosecution you can ask for compensation and damages and under criminal defamation trial will be conducted and the respondent/opposite party can be jailed for two years and fined if found guilty. You have a good case, you may contact further for all kind of legal aid and advice.

Q: what happens if wife doesn't appear in court, can court give decision ex parte ?

Hi, I have filed null n void case against my spouse as she didn't disclose her earlier marriage happened before my marriage and didn't take the divorce from her 1st marriage. Now, Neither she has been accepting the summon and nor coming to the court on hearing. Don't know the status of summon? What should I do that she would accept the summon and incase if she wouldn't appear after receiving the summon, what happens when a spouse doesn't show up for divorce court ?,Ex partie decision would be granted by the court? Generally after how many summons, it takes to give ex-partie if she would not come to the court? Just I need to that my null and void decision would come out successfully at earliest to process on my life further.

Advocate Mrinmoi Chatterjee answered
You have to serve her atleast twice through normal mode as the court would order, thereafter you will have to file an application for substituted service through affixation and publication in newspaper. If she fails to appear even after substituted service the court will order the proceedings to be ex-parte against her. It should take around two more hearings to get it ex parte. Goodluck!

Q: What is the format of appeal against maintenance order?

Dear Sir, my divorce case is filed in Karkardooma Family Court, New Delhi. After 3 counseling sessions, my case has gone through 2 official court sessions. On the latest session, which was on 17th February 2018, the judge passed an interim maintenance verdict requiring me to pay my wife Rs. 50,000 as maintenance. My monthly salary is Rs. 44,000, and I have my own expenses, details of which were attached to the initial petition. My question is, is there any way to appeal against the maintenance order, as I believe the decision could have been different if my lawyer had appeared in court that day? Although the written order has not yet been issued, I am concerned because my lawyer has not been responding to my calls or messages for the past 3-4 days. How can I proceed to appeal against this decision and ensure I receive the written order promptly?

Advocate Mrinmoi Chatterjee answered
Dear client Don't worry, you can appeal against the order before the delhi high court. I'm very sure if your income is 44000/- then interim maintenance cannot be 50000/-. However i would be able to give apt advice only upon seeing the documents. Feel free to contact for detailed discussion

Q: If the marriage is not registered how to get divorce

A friend of mine wants to get a divorce, but her marriage was never legally documented. Is divorce required for an unregistered marriage in India? If yes, please let me know the divorce procedure for an unregistered marriage in India and if there is any government assistance available for women seeking divorce.

Advocate Mrinmoi Chatterjee answered
Your friend can file for divorce using evidence such as a marriage card, photographs, or other proof of marriage.

For legal support, she can approach the Delhi Legal Services Authority (DLSA), which operates in all district courts and provides free legal aid for women. By visiting the DLSA office, she can request free legal assistance, and the authority will assign an advocate whose fees will be covered by the government.