Advocate Nilanjan Banik

Questions Answered by Advocate Nilanjan Banik

Q: What happens if the police issue a notice under section 144(2) of the CrPC? Can you provide details

My cousin has lived in his father's house for about 40 years. The property is on a 99-year lease in his father's name, and his two brothers have not stayed in that house during this time. Their father passed away approximately 33 years ago. Due to the poor condition of the house, my cousin needed to undertake emergency reconstruction. He has also paid all municipal taxes since his father's death. His two brothers own houses in their own names elsewhere. Over the past 40 years, no one has addressed the condition of the house. Now, while my cousin is reconstructing it, the police suddenly issued him a notice under section 144(2) of the CrPC and ordered him to stop the work. In this situation, what should my cousin do? Additionally, can you explain 144(2) CrPC rules and how it is understood in Bengali?

Advocate Nilanjan Banik answered
You haven't mentioned who has done 144 against your cousin. Anyway you can go for an appeal to ADJ or prefer an appeal to the High Court and state what emergency condition the house is having and you can continue with your construction

Q: Mutual divorce. my married life is 4 years. Husband wants divorce.

I am hindu.My in laws mentally tortured with me.Me and my husband staying another flat.My all furniture which were given by my father at the time of marriage, my in laws kept the furniture and decline to return me.they also escape me from their house. My husband support them and when I ask for my furniture my husband says about mutual divorce? I am a working lady.my married life is 4 years. Please help me what can I do now? Will my husband gave the maintenance of me according to legal way?

Advocate Nilanjan Banik answered
it depends if we can prove that your husbands standard of living is far much better than yours then you will get maintenance in legal way as you are a working lady. And for furniture you have to file a case to get back your articles. After filling of the case you will get order from court to recover them.

Q: Divorce before 6 months of marriage due to strained relationship

I have been married for the past two months and since all is not going well amongst us want to seek annulment of our marriage with mutual consent.What are the legal procedures?

Advocate Nilanjan Banik answered
yes you can if your spouse consents so. if your spouse consents then it can be exparte and your nullity will be done within a year. After hearing your nullity will be given and you are set free. it can be done in two ways either by exparte or you'd spouse giving consent to the nullity.

Q: Can i hide about my divorce from my in laws

Sir me and my husband separated through mutual divorce since 2years ago.only our parents know about our legal marriage and divorce case and they did it secretly from others of our family as well as society.Now my fiance know about my past as my parent infirm him .But he wants to hide this matter from his family?can both of us hide this matter from his family members?

Advocate Nilanjan Banik answered
YES mam there is no problem in hiding this issue from your in laws since you havent hide it from your fiance. But keep it in mind your fiance does not say it to your in laws anytime or in future it will be a trouble for you.

Q: Sister want to claim over father's property after his death

Father was bed ridden suffering from cancer before his death brother made a will in his name. He said his sister that all property belong to his name. Sister is not having any right of his father property?

Advocate Nilanjan Banik answered
You haven't mentioned any copy of the will you have got?? You have to file a partition deed. Or if your brother has obtained probate then you have to file a case challenging the will that the will has been obtained by your brother forcefully.