Advocate Sudip Mukherjee

Questions Answered by Advocate Sudip Mukherjee (50+ answers)

Q: What is the process for withdrawal of my divorce petition?

Dear Lawyers,I have filed a divorce in 2023 and it's not going anywhere... Other side has constantly asked time and judge has given that. Now I don't want to carry on anymore. I also don't live in kolkata. I want to withdraw. The lawyer who was fighting it was not helping to close. She want to drag on.please advise what are the ways I can put forward an application to court to close my petition.i may not be present during next hearing day. So I want to file it before and by myself. Can I do?

Advocate Sudip Mukherjee answered
you may file application for withdrawal of the suit and you may file the application on any working day by way of put up the case record before the court. when one party wants to file any application on any off date , the date on which the case is not fixed for hearing, the party can process the same by way of put up. you may opt the same process on any working date.

Q: Husband Is A Gay Can I File IPC 420? Do People Really Get Justice?

My husband is gay. I have electronic evidences. Can i file FIR with ipc 420? will he be arrested? He lives in Chennai and comes from a well to do family. I have been through a lot of torcher and I have evidence of the torcher done by him and his family on me.

Advocate Sudip Mukherjee answered
you can file proceedings under sections 498A , 323, ipc for torture committed upon you, and section 417 ipc for cheating along with divorce suit in case if marriage has been consummated but if not consummated due to physical Disformity then you may file suit for annulment of marriage

Q: Sell of Father's property after Death

My father passed away 2 years back. There is a property in his name and we ( mother & I) would like to sell his property. We are the only legal heirs to his property. My question is can we sell his property without transfering the property to our names through succession, NOC, etc as there is cost involved in transferring the property in our names

Advocate Sudip Mukherjee answered
yes . by law of inheritance you and your mother ipso facto became owners of your father property. not required for any further transfer. we have right to sell the. same directly. you have right to sell the same.

Q: Father gifted all property to his daughter

Salient points: 1. I build up building for living bear all expenses of parents since 1990.2. I financed fully to my sister's marriage.3.During Covid 19 ,in the month of Nov2020,father givted all property to his daughter only.4. In 2023 i retired from a jute mills.5. I have no room for stay with my son and wife.4.Local panchyat arrange a meeting and arranged two rooms .5.Then, My sister accompanied my parents to her home and writ petition to High court that i forcefully thrown my parents

Advocate Sudip Mukherjee answered
if you are under mitakshara law and land upon which property was built up, was your ancestral family property then you might have a share to the family property but if land was acquired by your father then he has right to transfer the same to anyone. if you had incurred expenses in construction and expenses of parents then the allegations of refusal in maintaining your parents is not applicable to you

Q: 498A/307/376/34 Indian Penal Code. Asking for CBI enquiry in place of

I am a primary school teacher under government of West Bengal. I have asked for divorce and my wife wrongfully filed a case against me and my family. nThe cases are under 498A/307/376/34 IPC. The rape case is against my father and attempt to murder is against all three of us. nnAs I am a teacher I am getting threats that I will be suspended soon. My whole family would die without food and medicine if I am suspendedBut the most amazing thing is that local police is not doing any bit in helping us. They are getting moved by political parties and doing their utmost to put us in jailMy question is that can I ask for(and how) CBI enquiry in place of corrupt police officials?

Advocate Sudip Mukherjee answered
if the allegations are not proved in the trial, evidence, then you all will be acquitted and unless you are proved guilty, there is no question of suspension from the service. next regarding, partial investigation by the police, you may file writ before high court against police wrong investigation and change of officer. Even if, police file charge sheet against all of you in the same sections, then also no need to be worried as the onus lies upon them to prove the guilt. you will have ample chances to prove them wrong in trial