Advocate Pradipta Varma

Questions Answered by Advocate Pradipta Varma (25+ answers)

Q: Carrying 6 (500ml) beer can to my resident for personal use.

Hello Sir, On 6th August, 2026 I was carrying 6 beer can of 500ml to my resident for personal use. Police caught me on mid road and took me to police station. Is it legal or illegal ?

Advocate Pradipta Varma answered
In Odisha , carrying Upto 12 Beer Bottles upto 9 liters of Beer for personal use is perfectly legal , as per Excise laws , and needs no passes etc. But the Berrs must be purchased from a legal Off Shop , and you may have to show valid receipts for the same. but yes, the Police have enough power to call anyone to police Station , with the reason for cross checking of any illegal activities connected to such stuffs. but if you have got valid receipts from a authorised shop , sealed bottles , and Notvdriving under influence of sny liquor etc, the Police can not detain you , or seize the Beers.

Q: Regarding alimony and maintaince

Sir , I have married in AMFOI before 3 years.And starting from the beggening , we r continuously fighting . So now I want to get divorce as she is constantly blackmailing me Over some of my private videos and photos with someone else . So i wanted to know that 1. If the marrige in AMFOI , bhbaneswar is legal and valid marrige (NO rituals or registration has been done ) ?2. If it's not Valid , then will there be ground for alimony or maintaince ( we don't have any children) ?

Advocate Pradipta Varma answered
I understand AMOFOI provides certain Certificate with witnesses , after their so cslled Marriage ceremony. So the Opp. party would have some proof that , you both are married. Though legally speaking These type of marriages are Not Hindu marriage , nor have any legality , as a Regd. marriage. But though it's not a valid marriage , as per Hindu law , or under any law , still your spouse can get maintainance , if she can prove that , both of you had remained together , for some period , as husband and wife , hence will get the status of a live in relationship , which will entitle her to get maintainance.

Q: I am a hindu married woman. My father passed away recently without making any will. I have my mother

I am a hindu married woman. My father passed away recently without making any will. I have my mother and a married brother. Without my knowledge and informing me, my brother had emptied my father's bank balance, his mutual fund investments and all the gold he had kept in his bank locker. My mother had been a mental patient since last thirty years and has be utilised by my brother. Can I challenge all this ? Will I have a share in my father's immovable property viz agricultural land and the house he built ? Since my mother is still surviving, will the property be divided into two parts or into three, my mother's share, my borother's and mine ?

Advocate Pradipta Varma answered
As per the Law , being a hindu woman , you have got equal rights over all the movable and immovable properties of your deceased father, along with your brother and mother . you shall have one third right over the properties , And if your btother illegslly took away the gold etc. properties of uour late father ge can also be punished under criminal laws ..

Q: MCD Agreed ? 498A and 4DP pending

After 6 years of legal battle of CP Divorce and CRP Maintenance, we have agreed for MCD. we are living separately for 6 years nowMy Query ?1. What is the process of MCD ( time taken or given by court etc etc.)2. Should I pay the one time final settlement before or after the withdrawal of the 498 A and 4DP 3. Can she back out from MCD after taking the money 4. what if MCD is dismissed after she rescind from MCD at a later stage. Will there be any consequences that will affect me after that ?I don't want to pay her before the withdrawal of the cases against me. I don't want to pay in even parts or installment. Kindly guide me through.

Advocate Pradipta Varma answered
As the Divorce caee is pending since such a long time , the Courts shall not insist for 6 months of minimum period of Time, as is normally required for a MCD. In your case also , it shall be considered as a Mutual settlement , than a Mutual Consent Divorce. And when all settlement issues are taken care of by both the parties, the Divorce Order can be passed in one day, by tge Family Court. And answering your other questions , I may suggest you , to take care of the withdrawal of the Criminal cases ( 498A etc.) and DV matter , before paying any settlenent amount / Alimony for Divorce.. In many instances , wife's side do not cooperate in withdrawing criminal cases / DV cases or also do not cooperate in getting the Divorce , when they get the settlement amount in advance. One need to be very careful in arriving at such a settlement , when multiple cases ard pending . But it is legally possible to get all such cases resolved simultaneously . And I suggest , you to pay the settled amount, only after criminal cases are withdrawn and only on the date, fixed for passing the Divorce Order, Not before that . And this type of arrangement can be made by executing a Settlement Agreement between the Parties, before proceeding further.

Q: How to proceed for rectification deed, if principal is died.

My grandfather sold plot A to the outsiders through the registered sale deed in 1998. My mother got plot B through the registered settlement deed in 1991. Recently we came to know, that in my mother's settlement deed, plot A number is mentioned instead of plot B number. The boundaries and measurements are written correctly. My grandfather died in 1994. How to proceed for the rectification deed. Since my grandfather is died, what are the other options are available for correction of plot number?

Advocate Pradipta Varma answered
Please correct your dates given in your question . You have written , your Grandfather died in 1994 , then how he sold his Plot A in 1998 ? And I assume , your mother is in possession of Plot B since she got the same after the Regd. Settlement Deed. And I assume the outsider also is in posession of the Plot A , after his / her Regd. Sale Deed . Now, as your Grandfather has already died , of course No rectification Deed can be possible. The Only Legal remedy is , to approach a Civil Court , for filing of a Civil Suit for Declaration of Right , title and interest and also posession over the Suit Land , other remedies can also be added , like Adverse posession , and / or Permanent or madatory Injunction , depending on the situation , which can be discussed and assesed , after verification of your documents