Advocate Tanchan

Questions Answered by Advocate Tanchan

Q: Can I marry my mothers maternal uncles daughter

I am Hindu. Can I marry my mother's maternal uncle's daughter?

Advocate Tanchan answered
Yes obviously you can. because of the theory of agnate of Hindu Marriage Act. which is not applicable in this manner because the the theory of agnate consists of the father 7th generation and the blood relationship is prohibited relationship to marry. but in your case it is fall under the theory of cognate, that is why you can marry the said relationship.

Q: I want to divorce my wife due to seperation from my mother

I had arranged marraige in 2007 but my wife won't stay with my family till date . She wanted both stay another place . She and her family wants to seperate from my mother . That why i have no child because we are not staying together and our physical relation ends 10years. So i want peaceful life . She also psychiatric patients last 5years and her family also also

Advocate Tanchan answered
If your wife is agree with your opinion to divorce each other then you have to file a matrimonial suit under section 13b of the Hindu Marriage Act 1955 before the concerned Sessions Court. And if not you have to file a petition under sec. 13(1) of the Hindu Marriage Act 1955 for the ex Parte divorce.

Q: Consequences of getting fined for consumption of marijuana

police caught me while i am having marijuana in public place . i was consuming it in a cigratte paper. they hve fined rupess 250. is it going to harm my career in bank jobs? plz help me my carrier is at a stake

Advocate Tanchan answered
No need to fear about it, after the fine is considered by the LD. Court of the competent jurisdiction, this case will be disposed off at a glance. So no need to be fear about it. Notwithstanding anything sentence passed by the court it can not be affected to your any exams or jobs.

Q: If a person is accused of murder will he stay in custody during trial

If a person is accused of attempt to murder then is it required for him to stay in jail during his trial in court?

Advocate Tanchan answered
Not at all the situations, but it discretionary power of the Court, or if the Charge sheet has been done against the said accused person before getting bail by the concerned court. and generally in attempt to murder case it is quite rare to face the trial on custody.

Q: What to do if wife is torturing the husband

I am Kiran Kumar Prasad, I live in Kolkata.My daughter age is 1.8 years old. More then 1 month I and my wife living in rented house, before we both with my daughter were living with my Parent's own house.When my wife started torturing on parent then I sifted in rental house with wife and daughter.Now from day one my wife always take chances to qurell me, abusing me.our relationship going to bad to wrose. I am now mental sick. I do not want to live with my wife.

Advocate Tanchan answered
In this situation if you think that it is not possible to you to maintain the marital relationship with your wife then you can file a Divorce U/S.- 13(1) of H.M.Act against your wife with the ground of mental torture or not to take care of your minor child.