Advocate Souvick Mitra

Questions Answered by Advocate Souvick Mitra

Q: What is prohibited relationship under hindu marriage act

If we stay together and do not register our marraige what will be the consiqueces? If we register by not disclosing our identity and some one file a case against us , what will be the consiqueces. Can we stay together anyhow?

Advocate Souvick Mitra answered
Now marriage is compulsorily needs to be registered under the Act, although you have done any saptapadi, rituals or customs under the hindu marriage, if any. But those has to be proved. Without disclosing your identity you cannot register your marriage.

Q: Tenants forcefully trying to take the ownership of the property

Hi My parents owns a house in burdwan westbengal. They have rented the ground floor to a tenant for the first time 3 months back. They have made a 11 months agreement. Now the tenant is verbally abusing them. As they both stay alone in the upper part of house they are taking advantage of it. They are behaving as if they are the owner. Can they evict them. They are not willing to leave the house also while paying rent abusing them. Any legal recourse Please help.

Advocate Souvick Mitra answered
Yes you have to file a leave and license suit. Your suit value depends upon your rent. First of all you have to give a legal notice to your tenant for their misconduct. You have to specify that they have breached the agreement.

Q: My own property has been forcefully captured by neighbur.

How can I get my own property back? They have given injunction for not giving our property back, what I will do?

Advocate Souvick Mitra answered
You have to contest the injunction matter and satisfy the court with proper documents that you are the owner of the suit property. You can seek for injunction in your favour. You can file recovery of khas possession suit.

Q: My husband signed the mutual divorce papers in Feb but now he denies

My husband signed the mutual divorce papers in Feb but now he denies to appear before court for final hearing.so how can I get exparte divorce..I am Hindu by religion

Advocate Souvick Mitra answered
You have no option but to contest the suit. If you can then state the reasons of denial of your husband in your plaint. You have to file fresh suit for divorce on specific grounds. That application for divorce on mutual consent is now baseless.

Q: How to send court summons without correct address

A woman want to file a mainenance case against her husband and now she had filed this case but the question is that the woman did not know the husband's address or house because her husband's no house and he have in rented house , this situation how woman will send the summon to husband , have any solution ? Please inform me

Advocate Souvick Mitra answered
Without proper address, no summon can be sent legally. Summon should be sent to last known address of residence or office. If it returns then that will be a good service. After that warrant will be issued. But that will only happen when you get the last known proper address.