Advocate Jibanananda Padhy

Questions Answered by Advocate Jibanananda Padhy (25+ answers)

Q: IN CROSS-EXAMINATION A WIFE TO CONCEAL HER ADULTERY DENYED HER DIARY

THE TRIAL JUDGE DID NOT USE HIS POWER UNDER IEA-45 & THE HUSBAND'S ADVOCATE FAILED TO PRESS THE DIARY u-s 73. THE JUDGE HAS AWARDED MAINTENANCE @15000/- PM WITH AREARS OF 1530000/-(FIFTEEN LAKH THIRTY THOUSAND). CASE IS IN HC-ODISHA FOR HEARING AS RPFAM. THE ADVOCATE OF THE O/P IS THE PARAMOUR WITH WHOME SHE HAS THE ILLICIT INCIDENT FOLLOWED BY A GANGA WATER-BATH FOR RE-GAINING THE SACREDNESS. CAN THIS DIARY BE PRESSED NOW BY WHICH HER ADULTERY CAN BE PROVED AND NO MAINTENANCE/ ALOMONY FURTHER?

Advocate Jibanananda Padhy answered
Yes. only isolated case of adultery is not sufficient,in maintenance case, a continuance adultery has to be proved. The husband has to prove other adultery of wife along with the above one,in order to deny maintenance or Alimony amount.

Q: Right to use of income, if sources of income lies solely on husband

As per huf hindu law, if sources of income/earnings lies solely on husband, than how much share his spouse should take from such income/earnings towards maintainance expenditure of the family.

Advocate Jibanananda Padhy answered
share of the wife out of husband income depends the educational background the wife. it also depends on the expenditure by the wife , the cost of living, and the actual number of dependents.

Q: Hum 20 saal se ek property par adverse possesion kiye hua .

Hum ek property 20 saal se adverse possesion kiye hua hain ...jo property kabje kiye hua hain use property ki pichhe humara 2 decimel ki ek stitiman jami hai ..kya uska son ya grandson case karke jit sakta hai ?

Advocate Jibanananda Padhy answered
in a case of adverse position the party who claims adverse position is to prove the same by cogent evidence , the party who is claiming adverse possession on on the land continuously upinteruptedly and peacefully against the whole world .In your case the son and grandson of the opposite party can file case against you .

Q: maintenance execution case by wife

I have 2 questions. 1. The court passed an order but I am not given a copy. My lawyer said execution order copy aren't given. Isn't it unlawful? 2. I was asked to pay from the date she filed 125 crpc. But judge refused to deduct the amount I paid her and the daughter between case file and the order date. Isn't it unlawful?

Advocate Jibanananda Padhy answered
For every order passed by the court,u r entitled to have certified copies, if u r a party to the case. It's unfortunate for the lawyer to say so. The order is required to be seen. Normally if someone has paid maintenance u/S 125 cr.p.c, he is absolved of the liability for that period.

Q: Govt job fraud , fraud do a centre superintendent

Someone give me hopes to give a govt job and help me to catch govt job , so he took money from me , and later he didn't give me that job and refused to refund my money.

Advocate Jibanananda Padhy answered
This case comes under criminal conspiracy ,cheating , misappropriation of money. criminal case can be filed. U can contact me for filing the case In which city are u living in? whether you have filed any FIR against that person.