Advocate Sagnika Banerjee

Questions Answered by Advocate Sagnika Banerjee

Q: Advice regarding arrest of wrong person

Yesterday a police personnel told my friend that an arrest warrant is issued in his name. By seeing the warrent it is learnt that the name was wrong. My friend name is vinay sharma and in warrent it was binay sarma.similarly address was house no 10 instead of 17. Case is binay vs Dena Bank. but from Dena Bank they had given him no dues certificate. Police personnel is forcing him to settled in court otherwise they will arrest him. However they can not give him any official letter. In that case is it possible to arrest vinay sharma whose name as well as house no is different as there might be other person in this name.

Advocate Sagnika Banerjee answered
technically, it is not possible as because the police should submit a report regarding wrong address and name of the accused but even if the police forces vinay sharma to be present in the court on the due case date, in order to settle the matter from your side for once and for all, you can simply go to the court and produce your adhar card or any identity proof and say that you are not that person who is mentioned in the case as accused. the court will note this and you will not be disturbed any further.

Q: Respected sir/madam, please give me suggestion... On 12 april 2022 A married woman was raped in the

Respected sir/madam, please give me suggestion... On 12 april 2022 A married woman was raped in the early morning at approx 4 o'clock when she went to bathroom and the bathroom 25 mitters far from home. Unfortunatly the rapist see that and take a knife in his hand from his and the rapist is her husband relative. After got raped she was threatend and blackmailed that if she says anything about this then he will destroy her familylife. The rapist asked her forcely to call him everyday and talk to him on phone. The victim was afraid and sometime call him on mobile. If she did not call someday, the rapist came to her house with some excuse like cares her daughter and blackmailed her why she didn't call him. Over phone the rapist asked her for having sexual relationship many more times.. Now the victim can not tolerate the things and told everything to her family and her husband. The rapist family has some political link and the accident was happened 3 months ago.. What should i do!!

Advocate Sagnika Banerjee answered
in rape cases, it is never too late to register FIR. go to the police immediately and lodge FIR. there might not be medical report in this case to support the allegation of rape but there are other several factors and circumstantial evidence which might be helpful in proving the offence.

Q: Fake allegations put by my parents against someone

My parents have been putting fake allegations against my boyfriend just because they don't like him, also they are planning to put drugs and brown sugar in his bag by tricking him. Not only that they are also defaming him in the worst of ways! I can't let that happen.... What's wrong is wrong!I've heard them secretly and have no proof so what do I do?!

Advocate Sagnika Banerjee answered
legally speaking, you can lodge a GD in your local police station and intimate them about all these things. Or else your boyfriend can file a case of defamation against your parents along with section 509 IPC.

Q: Wife is seeking divorce on the ground of my adultery

My wife always doubts me. She alleges, I have an extra marital affairs with 3-4 other girls/women, which is totally ridiculous and baseless. She is living with her parents for last 9 months. We have a 3 years old daughter. From last 3 months the situation has become miserable. She has been using bad words in whatsapp to me and seeking for divorce on the ground of extra marital affairs, domestic violence etc and demanding hefty amount of alimony from me. (I have all the whatsapp audios and chats of het, as evidence)But, she can't prove anything as these allegations are un provable, because I have never ever committed such crime.My question is, if she fails to prove any these allegations in the court, will she be entitled to any sort of alimony???In case of divorce, can get the custody of my 3 years old daughter??? If not, then in which age?

Advocate Sagnika Banerjee answered
firstly, adultery is no more an offence in India. it is only a ground for divorce now. alimony doesn't depend on the fact that she wins or fails. it is her right to be maintained but what amount is to be paid will be determined by the court after assessing the documents. there is 99.9% chance that you may not get the custody of your child because she is minor and most importantly, she is a girl. Only if you can prove that she should not stay with her mother because that is not in the best interest of the child, in that case you might get the custody.

Q: False and fraud case against me

Sir, Complainant stolen my cheque and raised the case against me the amount of 250000/-rs. What is the court fee for accused and how to handle and win this case?

Advocate Sagnika Banerjee answered
appoint an advocate. rest he/ she can take care of your case and give you effective remedy. there is no standard court fee for the accused. it depends upon the petition/ application you are submitting on that day.