Advocate Samir Halder

Questions Answered by Advocate Samir Halder

Q: Permission regarding 41A from Deputy Commissioner of police

Do Deputy Commissioner of police issue 41A notice after 1month of FIR?

Advocate Samir Halder answered
Actually 41 A notice should be issued within two weeks from institution of FIR,41 (a) of the CRPC is nothing but a notice issued by the police station to the accused against whom an FIR has been registered where an arrest is not required inorder to present himself before the police or another place on the terms and conditions which are mentioned.

Q: What should be the best Divorce Mediation response

I had filed for divorce in 2022 . Case is going on and i have been called for mediation process by judge. I do.nor want to continue marriage. What should be my best appropriate response

Advocate Samir Halder answered
It's depend on you,if you want to dissolve it by mediation you can do, but you should contest the case and get the divorce from court would be very better for you,you can attend the mediation positively but proper declaration of judgment by the court will be helpful and very better .

Q: When can i do 2nd marriage after mutual divorce

We get mutual divorce order 10.10.23 & also get dgree of divorce paper 9.11.23. I am hindu & centre govt employee.So,When can i do 2nd marriage?1st wife can take any action of my 2nd marriage?

Advocate Samir Halder answered
yes any time you can do 2nd marriage.you should remind that your ex wife may require maintenance untill her another marriage.otherwise nothing will be.if you pay anything to yor wife at the time of divorce,then don't worry.

Q: My husband abused me physically and verbally

After abusing me physically and verbally, i called police , they came and took him in police station. Now everyone is convincing me to withdraw, i have 10 years son, he also knows his father did wrong with me but also he is furious about his school. I am very confused what to do, if i withdraw this time , what can be happen

Advocate Samir Halder answered
never try to withdraw the case untill solution of your all dipute.now you have to decide what you want ?then you have to decide further what type of decision you are taking.if you think that wedlock not possible then you can stay separate with a maintenance.

Q: Salary attachment for maintenance case.

How to do salary attachment for maintenance case. For getting money every month from husband salary. He is government school teacher. Currently he is not paying maintenance amount of money timely

Advocate Samir Halder answered
you can submit salary/pay slip before the court,if your husband not paying you time to time you have to file a prayer for arrest warrant before the court.you whole submission court will be granted and as per law and order you will get proper justice.