Advocate Anupam Dash

Questions Answered by Advocate Anupam Dash

Q: Charges to be framed against the person who ran away with money

Sir one fraud man cheated me and runaway with my 30000 rupees.. Sir may I know what are the charges against fraud who is registered wrong identity on reputated company.. Regards

Advocate Anupam Dash answered
The first option before you is to register an F.I.R. against the person concerned with the local police. The police will register a case u/s 420 of the IPC. If the police does not register the FIR then you can approach the SP. Thereafter if there is still no response, you can file a complaint case.

Q: Procedure to file for divorce due to separation for more than 5 years

Sir I want get divorced because we are living separately more than five years. Is it possible?If yes. How? Please suggest me.

Advocate Anupam Dash answered
Yes you can file an application for divorce under section 13 of the Hindu Marriage Act, 1955. You can file the application before the family court within the area where you reside. You can file the application on the ground of desertion.

Q: Can daughter claim for share in demised father's property?

MY father was death in 2003;he has 3 sons and 3 droughts .in my father's legal hair my mother is a member. We are Brahmin in cast .and after partition my mother's name entry in land record/ khotian.out of 3 doughter l am also one of them.can I clam my equals share.

Advocate Anupam Dash answered
Yes you can claim your share in the property in view of the amended provision of the Hindu Succession Act. For that you need to file civil suit for partition in the civil court. Since the partition has taken place in your family before 2005, you can file the civil suit before the Civil Judge (Senior Division) or Civil Judge (Junior Division) depending upon the valuation of the plaint.

Q: How often do I need to appear in court for a DV case filled by wife

Respected Sir, I am hindu boy. Belong to bhubaneswar, odisha. It is quite difficult for me to appear for all the cases (even if once in 3-4 months) as getting a leave is a big hurdle for me. Going all the way from Karnataka to Odisha (Chandballi, Bhadrakh) now a challange for me. The cases are : 1 - DV and CrPC125 (Filed by my wife in mid February 2016) 2 - I filed judicial separation case against her in the family court, Bhubaneswar on 1st October 2015 after getting frustrated with her abusive behavior and cruelty. Later my wife requested to move the case to family court, Baleshwar and it got shifted now. But till now I dint appear for Once. Thinking to file a GWA as my kid is 5.5 year old. Kindly suggest. Regards,

Advocate Anupam Dash answered
As far as the DV case and Section 125 CrPC case is concerned, you can consult your local lawyer in Chandbali, Bhadrak and you try to file an interim application. If the petition of yours is rejected, we will try to challenge it in Orissa High Court and stay the further proceedings in the DV Case and 125 CrPC Case. If further proceedings are stayed, then you need not travel to Chandbali. That is one way out. As far the case at Balasore is concerned, you have to engage a lawyer or otherwise the court may pass an adverse order against you in your absence. As far as the custody case of your child is concerned, taking into account the law in our country, it will be difficult for you to succeed. Instead you can file an application for 'visitation' rights.

Q: Anticipatory Bail In 498A and 307, how long is it valid for

For how long does an anticipatory Bail is valid if a person avails anticipatory bail on the above said sections.

Advocate Anupam Dash answered
The law is once a bail, always a bail. One you are granted anticipatory bail, it is presumed that you will be on bail till completion of trial. Sometimes after filing of charge sheet, the court may ask you to take bail once again. But that's a formality. You will be granted bail on the same day.