Advocate Sankha Subhra Dutta

Questions Answered by Advocate Sankha Subhra Dutta

Q: Which court to apply for early hearing

Petitioner is taking Adjournments and not providing any evidence.case was filled on 2024 . If i apply for early hearing which court should I approach is it high court or same family court in which case is pending. What is possibility that court will grant early hearing to such case and how long it will take to decide for early hearing application?

Advocate Sankha Subhra Dutta answered
File one expeditious Disposal In your concerned High Court or else you may close the evidence of the other side and proceed ex parte. the process may take several month in each of the forums. Please schedule an appointment with an advocate before proceeding because your case file might give a clue regarding appropriate relief.

Q: Regarding legal agreement between me and my counterpart

I want to make a legal agreement with a person that he will bear all my monthly expenses upto ₹5000 until I am independent. For this purpose how much rupee stamp should I use?

Advocate Sankha Subhra Dutta answered
You must make an Affidavit and you may attach stamp duty of rupees 10, 20, 50 any amount that is upto you. There is no provision of minimum stamp duty be paid to execute a legal agreement for maintenance. In case of any agreement containing any commercial agreement it must be of 150 rs stamp paper.

Q: Transfer (Posting) Matter as per disability law

Sir my father is a central government employee of CAPF Organisation.My father is suffering from Ankylosing Spondylitis Diseases and 65% Locomotor Disability. My father has given writ petition before high court calcutta for exemption for transfer as per DoPT guidelines and RPWD ACT 2016 and various supreme court order and office recommendations but due to some misunderstanding, the court has said seeking him for VRS instead of transfer. The order has challenge in division bench and said to review

Advocate Sankha Subhra Dutta answered
Under the Rights of Persons with Disabilities Act, 2016 and West Bengal state policy, government workers with a benchmark disability of 40% or higher are granted specific job placement protections. These individuals receive priority for postings close to their hometowns—particularly when undergoing promotions or transfers—and are typically shielded from standard, mandatory, or rotational relocations.

Q: Can i get child custody after her 5 years of age, please give me the p

Can I get my child custody after her 5 years of age

Advocate Sankha Subhra Dutta answered
If you are asking from the perspective of father you can have the custody. The courts looks over strict legal presumptions, assessing factors like emotional bonds, schooling, and stability to determine the primary caregiver.The primary look out is stability and emotional support which can be a determination factor for custordy. Child custody laws are complex and depend on individual circumstances. It is recommended to consult a family law attorney.

Q: Husband cheating with extramerital affair

Have a son but his father is willing to move out with a divorcee

Advocate Sankha Subhra Dutta answered
Please ask for legal guardianship as well as maintenance if you are also planning on seperating. Otherwise without proper grounds divorce case may not be adjudicated for the lack of legal grounds. If you are planning on keeping this relationship please file a case for Restitution of conjugal rights. please talk to any advocate prior to taking divorce.