Advocate Mahadev Sahu

Questions Answered by Advocate Mahadev Sahu (25+ answers)

Q: After clearance of SR hearing date related

ନମସ୍କାର ସାର।

Advocate Mahadev Sahu answered
Once a civil case clears SR, the plaint is officially registered. The court will then issue a summons directing the defendant to appear and respond. The procedure then moves through formal stages including the filing of a written statement, evidence presentation, arguments, and finally the Judgment and Decree.

Q: Mutual Divorce before 1 year guidance

Hello Sir/Madam,Meri shaadi ko abhi 3–4 months hue hain. Hum dono husband-wife mutual consent se divorce lena chahte hain.Hum dono saath nahi rehna chahte aur peacefully alag hona chahte hain. Hum abhi alag reh rahe hain.Kya 1 saal se pehle mutual divorce ke liye court se special permission mil sakti hai? Agar haan, toh process kya hoga aur kitna time lagega?Please mujhe guide kariye.Thank you.

Advocate Mahadev Sahu answered
Under the Hindu Marriage Act, 1955, a mutual consent divorce normally requires that the husband and wife live separately for at least one year, and no divorce petition can be filed within one year of marriage. However, if you file an application for permission under Section 14 of the Act along with the mutual divorce petition, the court has the power to grant special permission to file before one year in cases of exceptional hardship or exceptional circumstances. In your situation (a marriage of 3–4 months), both of you can jointly file such an application seeking permission by stating that you are already living separately, there is no possibility of reconciliation, and you wish to part ways peacefully. Once permission is granted, your mutual divorce petition can be entertained, your statements will be recorded before the court, and you may also request a waiver of the cooling-off period by relying on the Supreme Court judgment in Amardeep Singh v. Harveen Kaur. After applying the said dictum, the court may grant the final decree, and if everything proceeds smoothly, the entire process may take around 2 to 5 months.

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 Mahadev Sahu answered
In the present case, though the trial court did not exercise its power under the Indian Evidence Act and the husband’s counsel failed to press the diary, the petitioner may still seek its production at the High Court stage in RP(FAM) by filing an application under Order XLI Rule 27 read with Section 151 CPC, as the proceeding is quasi-judicial in nature. However, such permission is granted only when the evidence is necessary for proper adjudication or could not be produced earlier despite due diligence; mere lapse of counsel is generally insufficient, though it may be argued as causing prejudice to justice. Further, under Section 125 CrPC/Section 144 BNSS, a wife living in adultery is not entitled to maintenance, but adultery must be proved by cogent and convincing evidence and not merely by allegations or an uncorroborated diary. Even if proved, it usually affects future maintenance and not arrears already granted. Therefore, the proper course is to pursue the RP(FAM) by seeking additional evidence and also file a petition under Section 127 CrPC/Section 146 BNSS for cancellation or alteration of maintenance based on subsequent proof of adultery supported by reliable independent evidence.

Q: Assault on my father was done by my aunt and my cousin sister at an fa

so the situation is that my older cousin brother and his family of parents and sister emotionally tortured my sister-in-law (my older cousin brother) when my sister-in-law left my father gace her refuge and when they found out about it they cut ties with my father and then few months later at an family function the mother and si

Advocate Mahadev Sahu answered
Based on the situation described, your sister-in-law appears to be subjected to emotional cruelty and harassment by her husband and his family, which can be addressed legally under the Protection of Women from Domestic Violence Act, 2005 as it covers mental and emotional abuse and allows her to seek protection orders, residence rights, maintenance, and compensation Based on the situation described, your sister-in-law appears to be subjected to emotional cruelty and harassment by her husband and his family, which can be addressed legally under the Protection of Women from Domestic Violence Act, 2005 as it covers mental and emotional abuse and allows her to seek protection orders, residence rights, maintenance, and compensation by approaching the Magistrate or Protection Officer, and if the cruelty is serious or continuous, she may also initiate criminal proceedings under Section 498A IPC along with other relevant provisions such as Section 506 IPC for criminal intimidation; she should collect strong evidence like Based on the situation described, your sister-in-law appears to be subjected to emotional cruelty and harassment by her husband and his family, which can be addressed legally under the Protection of Women from Domestic Violence Act, 2005 as it covers mental and emotional abuse and allows her to seek protection orders, residence rights, maintenance, and compensation by approaching the Magistrate or Protection Officer, and if the cruelty is serious or continuous, she may also initiate criminal proceedings under Section 498A IPC along with other relevant provisions such as Section 506 IPC for criminal intimidation; she should collect strong evidence like messages, recordings, and witness statements to support her case, and instead of escalating the matter personally, it is advisable to proceed through proper legal channels such as filing a complaint before the police or seeking remedy before the Family Court, where mediation may be considered only if she feels safe and willing., recordings, and witness statements to support her case, and instead of escalating the matter personally, it is advisable to proceed through proper legal channels such as filing a complaint before the police or seeking remedy before the Family Court, where mediation may be considered only if she feels safe and willing. approaching the Magistrate or Protection Officer, and if the cruelty is serious or continuous, she may also initiate criminal proceedings under Section 498A IPC along with other relevant provisions such as Section 506 IPC for criminal intimidation; she should collect strong evidence like messages, recordings, and witness statements to support her case, and instead of escalating the matter personally, it is advisable to proceed through proper legal channels such as filing a complaint before the police or seeking remedy before the Family Court, where mediation may be considered only if she feels safe and willing.

Q: Challenge on adoption deed because my cousin brother he was adopted

24 years old person can be adopted in india and what's is maximum age for adoption in india.............................................................................

Advocate Mahadev Sahu answered
In India, a 24 years old person generally cannot be legally adopted because under the Hindu Adoptions and Maintenance Act, 1956. Only minors are eligible for adoption and the child must ordinarily be below 15 years of age, except where a valid custom permits otherwise; however, even such exceptions rarely extend to adults, meaning adoption of a 24 years old is not legally recognized in practice, and under the statutory adoption framework governed by Central Adoption Resource Authority, children can be adopted only up to 18 years of age, making 18 the practical maximum age for adoption in India, while any attempt to “adopt” an adult is likely to be invalid and alternative legal mechanisms like wills or gift deeds should be used instead.