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Since 1st March, 1999
 
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LEGAL FAQS

Q: I filed for divorce and maintenance for my daughter and me under Section 125 of the Code of Criminal Procedure (CrPC) in 2004. We are in penury and cannot pay our litigation costs. How do we find out how much my husband has received as provident fund (he is a retired Indian Air Force officer) and how much he draws as pension? What can we do to seek immediate relief in my divorce and maintenance case?

Unnati B., Calcutta

A: If you have no source of income, you could pursue your case through any of the legal aid cells in the courts. If your husband does not show his income statement, the court may draw adverse inference against him and rely upon your statement regarding his income (the onus of proving his income lies on him). As far as finding out his pension or provident fund amount is concerned, you could write to his higher authority, but his office will ask for a court order to reveal the details.

 

Q: We reside in a 150-year-old residential building in the heart of Calcutta. This is a joint property. Some residents have left the parental house after being paid a lump sum. In April 2011, two relatives appointed some security guards without discussing the matter with us. We are yet to know why the guards are here and what their responsibilities are. What action can we take under such circumstances?

Name withheld

A: You have not stated how you are adversely affected by the appointment of the guards. Nevertheless, you should try and amicably settle the matter through a dialogue with your relatives. If that fails, you could send a legal notice to them, addressing your issues and concerns.

 

Q: If a member of a registered co-operative housing society in West Bengal passes away without nominating his wife or child, what will their position be in terms of inheriting the membership to the society?

Name withheld

A: The legal heirs of the member will have to provide a succession certificate or probate or letters of administration to the co-operative housing society, and accordingly, the membership will be transferred in their favour.