Advocate Neelkanth Goswami

Questions Answered by Advocate Neelkanth Goswami

Q: Divorce on grounds of non payment of maintemce to child

Can wife file for divorce on ground of non payment of maintence to children.wife separated from husband on her own will.

Advocate Neelkanth Goswami answered
with reference to your query if there is a court order running against your husband to provide maintenance to the child and you and in the event he intentionally does not makes the payment of maintenance amount, you can very well approach the court for divorce.regards

Q: I m guarantor in one vehicle loan

My father took commercial vehicle Omni before 10+ years in which I was guarantor on the basis of job i was having. I was not aware what is guarantor and all. I only did signature on the file, my father gave to me. But now I have seen case in e court application under section 36 upon my father and me also bcoz I was guarantor. My father didn't pay the emi and I think that vehicle was also not surrender due to damage in accident.What should I do to remove my name from the case ?

Advocate Neelkanth Goswami answered
With reference to your query you need to appear before the concerned court and file your written statement.You can also approach the financial institution which provided the loan obtain the clone account statement and see how much is the claim amount. you can also give them a proposal for one time settlement.

Q: Remedy against distress warrant

Distress warrant is issued against me and thereafter my bank account has been attached and frozen. How to move against this freezing of account and how to challenge this order of attachment of bank account?

Advocate Neelkanth Goswami answered
With reference to your query you have two options firstly you can challenge the order if the same is within limitation. Secondly if you do not wish to challenge the order you need to make the payment which is due and after making the payment you can seek the relief from the court for releasing your bank account.Regards

Q: Registration of Last Will and Testament

Is it necessary to Register a will for it to be recognized as valid? Are there any complications in case a Will is not registered?

Advocate Neelkanth Goswami answered
With reference to your query please note that it is not necessary to register a will however to witnesses are required to confirm the execution of the will. if the will is registered the chance of challenging the authenticity and validity of the will is reduced. It is advisable to register the willl to avoid any further complications for executing the same.Regards

Q: Roommate refusing to pay for things brought jointly

Is there a legal way to get my money back from my roommate. The roommate is refusing to pay the money for things that were brought commonly while shifting. I have left the flat now, but it was mutually decided that the remaining party will pay exiting party the set-up cost. I am willing to take less amount owing to the fact that some things are used or damaged in a year, but the roommate is blatantly saying she can pay me only 'x' amount which is barely 30% of the due amount.

Advocate Neelkanth Goswami answered
with reference to your query take note that if the payments were made by directly for purchasing the products, whatever materials of products you have purchased you can take the possession of the same and take it along with you. Secondly If any money paid to the roommate directly can be claimed by you. regards