Advocate Subhendu Hazra

Questions Answered by Advocate Subhendu Hazra

Q: What to do if a private company gives a cheque and dishonoured

I recently got a Bandhan Bank check and deposited to Axis bank account as it is my home branch bank, however it got bounced due to insufficient fund and it was given to me intentionally by the fraud placement service company. Now they are claiming the check back. Should I send a legal notice first before sending them the bounced cheque?

Advocate Subhendu Hazra answered
You have to send a Demand Notice for the dishonored cheque stating that if the person( one who had issued the cheque) fails to pay the amount within the time mentioned in the notice, then you will approach the jurisdictional Court to recover the amount under section 138 NI Act.

Q: Procedure to file a case against for bigamy having sufficient proof

A married man (registered marriage with first wife) in a relationship and a child was born out of the relationship. They never performed marriage rituals neither claimed to be husband and wife. In Baby's birth certificate, the name of the married man is given as father's name. So, if the first wife files for bigamy, can she prove bigamy with the child's birth certificate? Religion Hindu

Advocate Subhendu Hazra answered
Yes she can file a case for bigamy to seek divorce and will get maintainence.she should prefer a criminal case under relevant sections of law and under domestic violence act.for more information you can contact me.

Q: What to do if husband is not going to rehab centre ?

My husband aged 49 yrs is an alchohol addict for the last 2 yrs. I want to send him to a rehabilitation centre but he doesn't want to go. What is my legal option in this case

Advocate Subhendu Hazra answered
You can file a case against your husband and seek divorce if you so please,and will even get maintanence to sustain yourself ,dont waste your time sending him to rehab centre instead fight for your right.for more info you can contact me.

Q: Wife forcing husband to leave friendship with female friend

I have a friend. She is married. Her husband is also a good friend of mine. He supports and respects our friendship. I love my wife and performs every familial responsibility sincerely. But my wife and her family members suspects me with my friendship. My wife wants me to forget my friendship completely only because she cannot bear with it and pressurising me regarding this. I had shared everything about my friendship with my wife long before my marriage. Now is it my fault to have friendship to anyone? Is it justified to force me to renounce a 10 years long friendship only because my wife cannot bear with it? Is it not my right to talk to my friend? Does law prevents someone from talking and meeting to any person when both of them willing to talk and meet? Does marriage means stopping relation with someone whom my wife does not accept?

Advocate Subhendu Hazra answered
Well there is no legal provisions regarding this ,but laws in india is somehow women centric so if your wife files a case for cruelty against you it can lead you in jail,so it is better to renounce the freindship.i wish you luck in this particular case.for more info you can contact me.

Q: Can I marry a 19 year old girl if I am 18 years old?

I am 19 year I went to do merry 18+ girl so I could marriage ?

Advocate Subhendu Hazra answered
In india the legal age to marry is 21yrs for a boy,but still you can marry without the same being registered and you can lead a happy conjugal life.and when you attain the legal age you just register the marraige .for more info you can contact me.