Advocate Nilanjan Banik

Questions Answered by Advocate Nilanjan Banik

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.

Q: Legal procedure for eviction of tenant after expiry of rent agreement

The tenant is over 60year old and lives alone in our 1BHK flat. The agreement expires on April 31st and we do not wish to renew it. If he stays beyond the said period of the agreement, how to evict him? Will the police be any help because the said tenant is a senior citizen? Also, beyond the expiry date, can we shut off electricity and water lines to ease eviction? We plan on executing some construction and repair work, so can we enter the premise and start working regardless if he is within the premise or not?

Advocate Nilanjan Banik answered
Just give the tenant in writing that after the expiry period your agreement will not be renewed and to look for a new place to live. Still if your tenant does not evict you have to file an eviction suit against your tenants.