Advocate Ujjal Garain

Questions Answered by Advocate Ujjal Garain

Q: Whether mutual divorce can be filed within a year of marriage?

Whether mutual divorce can be filed within a year of marriage?

Advocate Ujjal Garain answered
No it can only be filed after staying separately for one year or more so marriage should be at least of 13 months because as per section 13 B of the Hindu Marriage Act divorce can only be granted after a period of one year of separation

Q: Husband took exparte divorce without knowledge how to counter it

My husband left our house 29 Aug2015 taking along my son and living together with a divorcee lady and her son from then.He has not been giving any maintenance to my dauighter and me since April17. I lodged 498A case at my local PS on end May17, but he has been bailed out showing the Magistrate Order. I also applied to Legal aids, Howrah but there also he was escaped showing the exparte divorce order.I have no income at present and suffering extreme financial constraint to run my family. Now my question is that as to what I should do next to solve this problem.I also applied to Women Commission and District Child Welfare Commission.A joint meeting has been arranged by Women Protection. Office,Howrah Court on day after tomorrow 4Sept.What should be my standpoint on that meeting?

Advocate Ujjal Garain answered
A divorcee woman is also liable to get maintenance from husband for herself so you can file a maintenance case but initially try to get the copy of the divorce order and consult a lawyer try to get maximum alimony from husband

Q: How to deal with harassment from mother

Respected Sir, I am . With due respect i beg to state that I work as a receptionist in Sanjeevani Hospital. My father is a mechanic and my mother is a house wife. I belong to a needy family. I contribute as much as possible to the daily expenses of our family. Now a days my mother threats me to get married without my allowance and she behaves and tortures me in an inhuman way . She ill-treats me verbally and mentally and i am forced to commit suicide despite knowing that suicide is not a solution.My father is just a mere spectator of the situation. In this circumstance,I beg of you to please show me a proper way to deal with this problem.Being much helpless i have to write such words about my mother.I look forward for your help as my last hope. Thanking you in advance, Yours truly 

Advocate Ujjal Garain answered
You can submit a complaint in writing before the women commission and send the copy to commissioner of police along with a copy to your local police station . This may take a little time but hope this will sought out your problem.

Q: Father trying to sell off house depriving the only child. please help.

Hello Sir, My father , who is a very very ill-natured person all through being also a hardcore addict of gambling in horse racing is now at the end of his life is trying very much to sell off our only house that we stay in or to hand over to promoter, depriving me who is the only child and son only because he hates us so so much & wants to ensure that I can't live in this house in the future. The mentioned house was FIRST purchased in name of my mother then later father got transferred it to his name trickily from my innocent mother. Both of my parents were state govt employee now receiving pension. I would be left nowhere but on the streets if our house gets sold off. I want to resist it with every possibly way law allows me. Since in this case the FIRST OWNER was my mother & NOT the father what can I do or my mom do on behalf of me to stop the house from getting sold off . kindly advice asap. Regards,

Advocate Ujjal Garain answered
As per transfer of property act your father is the owner of the property. But still you can approach a civil lawyer and can file a civil suit and try to get injunction. Moreover tell your mother to file a case against your father under domestic violence.

Q: i want divorce from my husband. How to proceed ?

I want divorce from my husband i dont want to live with him and i dont want any compensation where can i file my case???

Advocate Ujjal Garain answered
You can file a case for dissolution of marriage before the Dist Judge or the ADJ court. Try for mutual divorce or else it may be possible that you may have to face a long legal battle in case your husband wants to harras you