Advocate Saurabh Banerjee

Questions Answered by Advocate Saurabh Banerjee

Q: Did court marriage for early visa but now husband is absconding

<p>Hi, I am a delhi girl. I and my husband got engaged last year and as per the planning for honeymoon visa we did court marriage so that we can apply for visa beforhand. But before the actual marriage i got to know that the family is not good and they were out for money and had a doubt that the boy was involved with other girls. When i confronted him the family started abusing and fights. After a week the whole family got not reachable and there was noone in the given address. Its been 1.5 yrs and we havnt got any contact of them. Do i need to get divorce and how is it possible without the boy</p>

Advocate Saurabh Banerjee answered
Yes you will have to file a case seeking a decree for divorce before the appropriate court. You will have to give the last known address of your Husband and then the court summons will be sent on that address and if he is not served then the court will also ask his service to be effected through publication.

Q: How can I apply for the copy of bank statement of opposite party ?

<p>For an ongoing alimony case in which the lady has reluctantly provided passbook of her S/B account in bank.to FamilyCourt. the Respondent approached the bank to provide full statement of the accounts.under RTI act as the matter was now public. The bank refused saying this matter was concerning two individuals and so RTI act did not apply. They indicated if court ordered they would provide but in such cases courts are reluctant to pass such orders stating &#39;privacy&#39; of even an accused individual. So how to get copy of the account statement</p>

Advocate Saurabh Banerjee answered
You will have to move an application before the concerned court for seeking a direction to the appropriate authority to bring all her records as it is pertinent to the decision qua the fixing of maintenance and to show that she has a source of income.

Q: I want to take legal custody of my child. How can proceed legally ?

<p>Hello ,my husband is not live with me last 7 month, he is missing and our marriage also not registered in court. I have a daughter 8 years. I m working woman now i want totally take custody of my child in under what is the process ???</p>

Advocate Saurabh Banerjee answered
You can file a petition under The Guardian & Wards Act, 1890 to seek custody of your children before the appropriate court of law. You can file a petition under The Guardian & Wards Act, 1890 to seek custody of your children before the appropriate court of law.

Q: Need to know Documents and procedure for legal heir certificate

<p>I need to understand the documents, procedure and urgency of making Legal Heir Certificate. Our father has expired who was Govt Officer. We are 3 children and need to understand the correct wayout of this document and its importance.</p>

Advocate Saurabh Banerjee answered
If there is a Will then a Petition has to be filed with affidavit of one witness before the Court and if there is no witness then a simplicitor petition has to be filed. You may book a consultation with me to discuss this in detail.