Advocate Subhajit Bal

Questions Answered by Advocate Subhajit Bal

Q: Procedure to get divorce from uncaring husband

I from hindu. My husband doesn't look after my kids. Does not money. I want divorce from this man and save my children life.Im housewife. He does not care for us. How do I get divorce?

Advocate Subhajit Bal answered
You can file divorce petition your Jurisdiction district court along with a petition of Pedialyte maintenance ,court first dispose your maintenance petition ,and for that you can maintain yourself including your child maintenance .

Q: Claim during mutual consent divorce, can wife claim share in property?

During the mutual consent divorce, can any of the parties (particularly the wife) claim share or right on properties or assets of in-laws?

Advocate Subhajit Bal answered
Yes wife can claim during mutual concent divorce . Divorce is not mean that wife cannot claim any . After divorce if wife remarried then wife claim will be unlawfull and wife can't claim any , its no relation for claim and divorce

Q: Can I file for divorce by mutual consent within 1 year of marriage?

Marital home: Delhi Maternal home: Kolkata Religion: Hindu I have been a severe victim of domestic abuse right from first day of wedlock. Marriage lasted for 4 months only. Husband has agreed for mutual divorce. Is there any law wherein i can file the petition for divorce though mutually in Kolkata as i am dependent on my parents and both of them are senior citizens. Moreso, my husband is staying alone (parents have expired) but is too egoisitic and will never agree to file in Kolkata. Moreso, he has kept my jewellery and is in no mood to return it as he will show it as mortgaged as per my will during our matrimonial period. Please help.

Advocate Subhajit Bal answered
Ur seperation period for mutual consent is reqired 1years minimun so witout one year separation you are not eligible to file mutual concenent divorce in any manner section 13B or sectiion 28 ,so u must be followed the one years seperation before filing of mutual concent divorce

Q: Husband failed to give marriage certificate on 2nd motion of divorce

On the second motion both party are present bt the husband cant show the marriage registry certificate..thats why decree does not granted..husband's advocate has taken a next date..my question is what'll happen if he'll not submit certificate on next date?

Advocate Subhajit Bal answered
Its must produce ,its a evidence of proved the marriage , if u lost then u can collect duplicate copy otherwise court is unable to pass the order of dissolution of marriage because court have not findind any documents about ur registration of marriage

Q: cheque dishonoured before 3 months

cheque dishonored before 3 months. How i claim against it?

Advocate Subhajit Bal answered
U can file 138 NI Act . Before filling u must be send a legal notice under section 138b witin 30 days from dishonor of cheque or retun memo and u give 15days time for making payment after expiry of 15 days if u did not received payment within that time then u can file a case within 30 days from the date of over 15 days