Advocate Mahadev Sahu

Questions Answered by Advocate Mahadev Sahu (25+ answers)

Q: ecourt case stage and lawyer not in sync

Filed divorce on Sug14. Lawyer asked to collect notice on Aug31. On Aug31 and Sep1 he said it's not ready but took fee.On Sep2 stage shows Defect Removal and next date Oct6. Now lawyer says there are no defect and asking to wait. Is he lying? Can I check myself without him?. I had prepared the draft petition still he took 1.5 months to file and now this. Please advise.

Advocate Mahadev Sahu answered
You do not necessarily have to depend on your lawyer’s verbal explanation; you can check the case status yourself through the official eCourts portal using the CNR number, filing number, case number, or party name. “Defect Removal” on September 2 does not automatically mean there is a serious defect in your divorce petition—it may simply mean the registry found something that needed correction, so you should check what exactly was recorded and whether it has been cured. Ask your lawyer for the CNR/filing number and a copy of the defect report/order/proceeding dated September 2, and check why October 6 was fixed as the next date. His delay in filing and his current statement that there are “no defects” do not by themselves prove he is lying, but if he refuses to give you the case number or documents, that is a reason to seek clarification or consider consulting another lawyer.

Q: Threatening to take me to police ( not court)

My wife every now and then rakes up an issue and threaten me to take to police station and ruin me . The issues are like - she doesn’t lie the Neibour so wants to change the house , if denied she escalate the issue to such a pathetic level which includes my mother and relatives .( she has never stayed with any of them though) As of now the issue is my daughters Tution sir, , my kid is week in study , so the sir raises his voice some time, wife says no need to study, stop the Tution,

Advocate Mahadev Sahu answered
If your wife repeatedly threatens to involve the police or “ruin” you whenever there is a disagreement, do not respond with threats or angry messages; instead, keep your communication calm and preferably in writing, preserve messages/recordings/documents that lawfully show the threats and the circumstances, and maintain records concerning your daughter’s tuition and education. Try to keep the tuition issue separate from the marital dispute—the fact that a tutor sometimes raises his voice does not by itself establish that tutoring should stop, but you should also make sure the tutor’s behaviour is appropriate for your child. If you are already pursuing divorce, tell your lawyer about these incidents and give him the evidence rather than arguing directly with your wife. If you genuinely fear a false police complaint, ask a family/criminal lawyer about preventive steps appropriate to your circumstances; do not ignore a police notice or summons if one actually arrives. You can also obtain an independent legal opinion from your local District Legal Services Authority; NALSA confirms that legal services cover matrimonial disputes and provides the 15100 helpline.

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.