Advocate Arpita Mohapatra

Questions Answered by Advocate Arpita Mohapatra

Q: Bharo Se Paise Dia Hua Upas Nahi Lauta Raha He

Kese or kya karna padega jo mere paise recovery 1month k ander Case complete ho jayega or close ho jayega

Advocate Arpita Mohapatra answered
For recovery of money you need to file a civil suit for recovery of money i.e. money suit. I tell you Frankly no case can be completed within 1 month in these situations as it takes 1 month for filing verification and issuing notice to the other party.

Q: found my spouse cheating on me for 2 years in our 3 years of marraige

what resort do i have? should i file a divorce and maintenance case ?

Advocate Arpita Mohapatra answered
If your spouse is cheating on you and you do not want to stay with her anymore immediately file for a divorce as if you keep it pending she may file counter cases on you which will be detrimental to you. I recommend that you opt for one time settlement i.e. alimony instead of maintenance as it will reduce you any future problems.

Q: False Dowry Demand allegations

My son marriage was fixed 1 month back and no discussion about dowry demands were made but then we get to know the girls behaviour and character is absurd and we then denied to marry but they are now putting false allegations in name of dowry demand

Advocate Arpita Mohapatra answered
Collect and preserve all evidence WhatsApp, email, SMS, or call records showing there was no demand for dowry, Any chats showing the real reason you called off the marriage ,Copies of any invitation cards, messages, or marriage negotiation records. If a police complaint or FIR is filed apply for anticipatory bail under section 438 CrPC or under BNSS immediately (for your son and family members).

Q: Filing SLP in supreme court challenging high court order

There were 4 MATA cases in high court.One for divorce(by hindu husband), one for judicial separation(by Hindu wife)and two for maintenance related(by husband).High Court gave a common order,where permanent alimony was fixed & judicial separation was granted. Now while filing SLP in supreme court,whether all 4 MATA cases are to be challenged or challenging the divorce & judicial separation (only 2 main MATA cases) will solve the purpose ?

Advocate Arpita Mohapatra answered
you need to file one SLP challenging that common judgment,but you must mention all the MATA numbers in the cause title and prayer clause as the common judgement has already disposed of all four cases. When the impugned judgment is a common order disposing of multiple appeals, the Registry typically insists that:All case numbers are listed in the title and synopsis,One certified copy of the common judgment is annexed,Only one SLP number is generated (not four).