Advocate Sudem Swargiary

Questions Answered by Advocate Sudem Swargiary (25+ answers)

Q: Divorce case filed by my wife and now she wants alimony from me for he

I m hindu, my wife left me after 1/2 year of marriage, we have a girl child also, I filled a right to conjugal rights case on her and after that she filed a divorce case on me? My wife and myself doing job in same department and same post of govt of Assam and our salary also same. Can she able to get alimony for her at this situation..I have no problem to give maintenance for my girl but I do not want to give her any alimony..at this matter what law say?

Advocate Sudem Swargiary answered
, if it is a mutual divorce, and the wife is enough stable economically, the Court may reject the application seeking a divorce. In case of contested divorce, if the wife filed the divorce under the ground of physical or mental cruelty, then the court may order for a hefty amount to be paid to the wife in one go or in instalment.for any other legal assistance you can visit our chamber.no. 8 6 3 eight 0 six 9 five 5 4

Q: Divorce with the first wife who isn't legally married

The thing is the woman is married and she is 40years old without giving divorce to the first husband with whom she had a baby the hudband committed adultery so she had living relationship with other man and they have a child now their marriage was not registered. if the present husband wants to get married to some other women can he file for divorce and what about the custody of the child. Will there be any problem for the women the present husband wants to marry.

Advocate Sudem Swargiary answered
Dear Client adultery is no more a criminal offence as it has been struck down recently by SC ruling but it is still a ground of divorce. In this case both partners have commited adultery so why don't they file a petition for mutual divorce.They both cannot marry other person until and unless they get divorced.Custody of child would decided after divorce according to eligibility of the guardian.Please consult a lawyer or you can contact me here 8 6 3 eight 0 six nine 5 5 four

Q: I live in guwahati. I Want To File A Criminal Case Against My Internet Provider For Lying when I com

I live in guwahati. I Want To File A Criminal Case Against My Internet Provider For Lying when I complained through consumerhelpline[dot]gov[dot]in. I have madeup my mind and I don't want to send them any lefal notice. I need a lawyer from Guwahati to proceed with the case.

Advocate Sudem Swargiary answered
To file a criminal case you have to first inform the police about the incident and also there must be a criminal breach of duty or a contract.Beside that if you want to approach a civil court you can file a complaint in the consumer forum for compensation and recovery of damages.

Q: What can I do legally to cheating husband and his woman.

I was cheated by my husband,and left separated temporarily with my then 5months old son.But it's already a year now.He neither came to check on us or see us.He still keep in touch with the other woman who is still a wife of somebody inspite of many talks.He rarely calls us and send a few little money sometime.Even though he admit he stop in touch with her,I found out that he is lying. But I don't want divorce but I wanted to take some actions against both.please help

Advocate Sudem Swargiary answered
Dear madamyou can make a written Complaint in the police station stating about all the incidents and highlighting the point that this situation is giving you mental torture and is taking the responsibility of a husband and a father. further if you don't want to divorce him but you can still go for Maintenance under section 125 of CrPc.For further assiatance you can directly contact me

Q: Neigbor is running a business at house causing troubles at my home

Hi,My neighbor has been running a business from his home for the last 2 years but recently the noise and nuiance arrising from his house causes a lot of disturbance in my house. My house is just next to him so I have requested him several times to run his business peacefully to which he wont listen and makes fun of me and my parents with the labors harassing and instigating us and when we do he just tries to avoid us. Post that there have been several instances of verbal attack between us.However, his instances of breach into my personal space though loud noise and rukus arrising from his business has not stopped.How should I go about handling it legally.I would be grateful for any help

Advocate Sudem Swargiary answered
visit your nearest police station. And give a written complaint against that person. Do notify police about public nuisance. if other neighbors are also facing the same problem let them sign the complaint too.