Advocate Subrata Dey

Questions Answered by Advocate Subrata Dey

Q: Never consummated marriage for 2 years, wanted a way out from this

Hindu Marriage Law We have been married for over two years now but never consummated our marriage. In this 2 year span we have stayed together for not more than 30 days. The non-consummation was due to no interest from both parties. At this point we both want to separate. In this regard, is it possible to file for an annulment of marriage or is MCD the easier way out? As per our understanding, annulment roughly means that the marriage never took place and we both want to prove it a void marriage. As we feel that a marriage that never took place is better than being divorced. Any help with this dilemma will be highly appretiated. Thanking you all.

Advocate Subrata Dey answered
Indian society still not in position to accept the concept of void marriage where both of you stayed together as husband and wife for 30 days. So it will better to file a petition for divorce on mutual consent.

Q: Can a person charged under section 304 leave city multiple times?

My friend has been slapped 304 after he met with an accident that claimed the life of his co-passenger. He had alcohol that night , however there's no proof as to how much he consumed. He is on bail. Has been granted permission to leave the city. He wants to attend hearing and leave the city again. Does he have to apply again for permission?

Advocate Subrata Dey answered
If any condition has been imposed at the time of granting bail by the court,then your friend should approach to the court for permission to leave the city.In default it will presume that he has misused liberty of bail.

Q: How to serve a summon if the address of the person is not known

Hello SIR , A wife had filed maintenance case U/S-125 Cr.Pc against her husband and learned court had accepeted this case but the problem is that the court had directed to petitioner (wife) will serve the summon to the o.p ( husband ) but wife don't know the husband's house address because her husband several time had change the address and husband have no own home and now he is living in the rental home so this the big problem then how can be serve the summon to the husband at this time . Yes I know that without address any summon can not be send however this is an exceptional case at this stage so have any alternative solution ? Kindly inform me about this question as soon as possible . Thanx & Regards .

Advocate Subrata Dey answered
The husband must have an address of his father, so file an application for newspaper publication before the Court with the address of his father or any member of his family and on getting permission publish it.

Q: When do you have to repay a student loan

I have a student loans in2013 also I have paid some amount.now have some out standing. but I have not capability to pay the out standing.but bank send me notice what should I do.can I apply to lokadalat for this problem

Advocate Subrata Dey answered
Firstly there is no loan named as student loan, it will be education loan. Terms of every educational loan is that the borrower should start repay the loan by installments after completion of study and there is one year benifit given by the bank,