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Since 1st March, 1999
 
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LEGAL FAQS

Q: My wife of five years is having an affair with her colleague and wants a divorce. I donít wish to lose either her or the custody of our one-year-old son. I have never been abusive or violent. She has moved to her parentsí place, but I visit them often. Can she obtain a divorce against my wishes?

A: If you do not agree to a divorce by mutual consent, your wife may file a suit for divorce against you, trying to establish appropriate grounds. But the court will not grant her a divorce without first serv ing you with the summons for the suit and giving you a chance to appear and contest it. However, if you fail to appear in spite of the summons, the di vorce may be granted ex parte.

 

Q: When I did not receive an important package, I enquired at the courierís office. They informed me that the parcel had been delivered at my address and that the receipt carried my signature. In recent times, some of my letters, even registered ones, have gone missing. I suspect some of my neighbours to be behind this. Can I seek legal help?

A: You could apprise the local police station about your problem and name the neighbours whom you suspect. You could also write to the con cerned post office and courier service providers, asking them not to hand over any letter addressed to you without checking the recipientís identity proof.

 

Q:We purchased a flat from a builder last year. During assessment we realised that there have been numerous violations of norms and that the municipality would now levy a hefty penalty. Is the obligation of paying this penalty ours or the builderís?

A: You have not specified the type of violations made by your builder. The West Bengal Building (Regulation for Promotion of Construction and Transfer by Promoters) Act, 1993, has imposed the liability to rectify defects such as unauthorised constructions and structural alterations without permission from authorities on the promoter. Else, he has to compensate the purchasers of flats for the violation of the building sanction plan, etc. Dis putes in this regard can be referred, within two years from the date of taking possession, to the au thorities specified in the act.

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