Advocate Santanu Bose

Questions Answered by Advocate Santanu Bose (25+ answers)

Q: Ignorance from husband due to inlaws

My husband blocked my calls for the past 5months due to inlaws poisoning his ears and also not attending the court proceedings for matrimonial suit neither him nor his lawyer.Not paying me any maintainence.And withholding my stridhan property.And not even saying whether he wants to continue marriage or not.How will I get justice?

Advocate Santanu Bose answered
I’m sorry you’re facing this situation. Legally, you are not helpless.If your husband is deliberately avoiding court proceedings in a matrimonial suit, the court can proceed ex-parte against him. If he does not appear despite proper service of summons, the judge can pass orders in your favour based on your evidence.For maintenance, you can seek relief under:Section 125 CrPC (monthly maintenance if neglected)Protection of Women from Domestic Violence Act, 2005 (residence order, protection order, interim and final maintenance, compensation)Hindu Marriage Act, 1955 – Section 24 (interim maintenance) and Section 25 (permanent alimony), if applicable to your marriage.Regarding your Stridhan, it is your absolute property. Wrongful retention by husband or in-laws can amount to criminal breach of trust under Section 406 IPC. You can file a police complaint for recovery.If he is intentionally not paying maintenance despite order, you can file an execution petition and seek attachment of salary/property or even civil detention in default.Strategically, you can:Press for ex-parte proceedings if he continues to remain absent.File/press interim maintenance urgently.Send legal notice for return of Stridhan.Seek DV Act remedies for economic abuse.Justice comes through consistent legal action. If you tell me your state and stage of case, I can guide you on the exact next procedural step. 88

Q: Child abuse/ recording without consent

Before i share my full story. It was few years ago, I was a minor at that time 15 male , i was walking in street 2 school bullies ( one open my t shirt and caught and hold my hand upward and a other guy took his phone and was recording me ) now it happened for a min, i barely managed to escape and ran away. I was a kid at that time, so i didn't know what to do, and didn't told anyone. Now the bullies didn't share the video with anymore most probably. POCSO Act is gender neutral. Can you confirm

Advocate Santanu Bose answered
Yes, I confirm clearly: The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is completely gender-neutral. It protects every child below 18 years of age, whether male, female, or transgender. The law does not restrict protection only to girls.If a 15-year-old boy is subjected to forced touching, humiliation involving private body parts, or is recorded in a sexually exploitative manner, those acts can fall under sexual assault, sexual harassment, or use of a child for pornographic purposes under POCSO, depending on facts and sexual intent.Even recording such an act can attract liability if done with sexual intent. Therefore, legally speaking, a male minor victim is fully protected under POCSO. yes confirm it

Q: Grandfather is the perpetrator and grandmother is the abettor

1. What should i do the investigating officer is not taking my evidence n2n. What if my investigating officer is not ready to take my 164 crpc as witness n3. What should i do if public procecuter is helping the accused?

Advocate Santanu Bose answered
you engage lawyer and put up petition is redy for praying for 164 crpc of confession of statement before Magistrate whenever order is passed then investigation officer have done 164 crpc before Magistrate

Q: Negligent biker dies, without any fault from the other side

What if a biker who was negligently driving - high speed, hit a cow, looses balance and hits a car and dies. The biker friends also witnessed and accepted that it was biker's faultCan the car be punished in such case?nWho should bear the expense of the car damage?

Advocate Santanu Bose answered
it's liable for car that's why car is offending vehicle and biker was victim vehical, if biker is dead then biker have claimed the money of car insurance company that is Motor Accident case claim by the biker, as well as car damage expense bear to car insurance company

Q: i need divorce urgent basis who can help me on this plz contact me

we married 2016 after that 1 month we separate and 2017 we filled mutual divorce on court but my husband suddenly told me he not give me divorce after that mutual case disposed off 2019 and he will arrest on some 420 case 2020 still he is in jail now its high time i don't want any relationship with him .i need divorce immediately i am not able to settle also mental torture is also their ,who is help me with this situation please contact me 6291218853

Advocate Santanu Bose answered
hello I solve your problem as soon as possible then you decree was done of mutual consent divorce which date mention it and which court thereafter I can assis you for your legal assistant, kindly give me your details