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Since 1st March, 1999
 
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LEGAL FAQS

Q:I had an arranged marriage in 2009. After putting up with verbal abuse from my in-laws for three months I returned to my parents’ house. We had completed all the formalities for the registration of our marriage but have not received the marriage certificate as yet. Can I move for divorce now? Can I ask for maintenance?

Sumon Arora, Kanchrapara, North 24 Parganas

A: You can ask for maintenance from your husband under Section 125 of the Criminal Procedure Code or Section 20 of the Protection of Women from Domestic Violence Act, 2005. You can also file for divorce and claim maintenance in the same suit provided one year has elapsed from the date of your marriage. However, since the marriage certificate is important for obtaining a divorce you should contact the concerned marriage officer immediately and request him to give you your marriage registration certificate or a certified copy of the same.

Q: A leakage from the drainage pipe of my neighbour’s bathroom is damaging the adjoining wall and floor of my bedroom. My neighbour is not willing to get the problem seen to and have it repaired. What legal recourse do I have?

Sukumar Dutta, Calcutta

A: You could file a suit of mandatory injunction against your neighbour and get an order from the court, directing him to repair the drainage pipe. However, it would be better to send your neighbour a legal notice regarding the issue before instituting any suit against him.

Q: Neither of our parents willed their property before their death. What do we, the heirs, have to do to become the legal owners of the parental house that we live in?

Avjit Paul, Calcutta

A: Since your parents have died intestate (i.e. without making a will) their legal heirs can apply before the District Judges Court for grant of letters of administration (LOA) under Section 218 of the Indian Succession Act, 1925, which would entitle you and the other heirs to shares in your deceased parents’ movable and immovable property. You could also apply to the Kolkata Municipal Corporation for mutation by filing the letters of administration or affidavit along with your parents’ death certificates. Once the mutation is done, the property will be transferred to your names.

Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in

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