Advocate Vaswati Banerjee

Questions Answered by Advocate Vaswati Banerjee

Q: what is the procedure for mutual divorce

Sir me and ma wife want to take mutual divorce. My name is vikas verma and am belong to chandigarh. So plz in this kind of divorce what is the proceser.

Advocate Vaswati Banerjee answered
Both of U have to jointly file an application under section 27 of d Special Marriage Act, 1954, before d Ld. District Judges Court, at territorial Jurisdiction . A date of appearance would b fixed after six months from d date of filing. Terms & conditions are to b inserted in the said Joint application & on compliance of court procedure, d Decree may b passed by next two date of hearing.

Q: Married forcefully a month ago can I get divorce now?

Now i dont want to stay with my wife because i dont want to stay with her and i had not made any physical relation with her for not even one day also. How to get divorce after one month of marriage what i have to do for divorce within one month of marriage

Advocate Vaswati Banerjee answered
According to ur information although u have not clarified how u got married to ur wife forcefully, yet she is now ur wife. And as per Provisions of Marriage Laws, no Divorce application can be filed before expiry of One year. In extreme urgency a leave petition may b filed, for admitting Divorce petition before expiry of Statutory period..

Q: Can I ask for alimony after 20 years of divorces from my husband ?

I was divorced in 1988 and never asked for any alimony. I was working and was confident that I could manage. Now, due to various reasons I have no income and I have been unwell for quite some time. I am in a really difficult situation. My ex-husband now lives in the UK and is a British citizen. Though I have asked him for financial help, he has not been very responsive. Now I wish to know if it is possible to claim any kind of maintenance from him. He is a businessperson and is doing fairly well.

Advocate Vaswati Banerjee answered
Yes, u can file application for Maintenance, before the appropriate court, against ur ex-husband. For proper adjucation of the case, u have to collect details of residence for service & income details.

Q: Aunt denying proper road to enter and exit of our property

My father died 3 years ago. He was in depression. He took voluntary retirement from Navy. He bought some property from uncle. Half property was in uncle's name and half on uncle's wife's name. Now the uncle's wife have given very negligible road for entry and exit of house. What action can we take against them? For entry and exit.

Advocate Vaswati Banerjee answered
Although the dispute is shortly narrated, but, for proper legal opinion the relevant Deed and site plan are to b read out and therefrom any remedies can b shorted out.. Plz.. Give details regarding property deeds and user of land also..means possession..