Advocate Sambit Swarup Patra

Questions Answered by Advocate Sambit Swarup Patra

Q: House dispute between three brothers.

Namaste Team, हम 4 भाई थे एक छोटे भाई का death होगया है 15 साल पहले । अभी हम जहां रह रहे है वो घर हम दोनो भाई जिनका death होगया और हम ने मिलके बनाया था और हमसे बड़े दो भाई वो भी अलग से घर बनाए है बटवारा होने से पहले । हम और हमारे छोटे भाई बाहर रहके कमाई करके घर बनाया था और बड़े दो भाई बिना बटवारा वाला जमीन कमाकर घर बनाए है। अब में जब हमारे घर को repair करवा रहा हूं तब वो दोनो आके झगड़ा कर रहे हैं और इस घर को बटवारा करो बोल रहे है। इसका एक अच्छा समाधान हमको दीजिए महाराज

Advocate Sambit Swarup Patra answered
we can go for a partition suit and simultaneously we can take an order, so that we can get maintenance permission from that house. then we can approach high court to get another direction to fast hearing

Q: HOW TO CHECK ALL COPPIES THAT HAS BEEN SUBMITTED BY PETITIONER IN FIR

I want to know how to check all coppies(pages) that has been written by the petitioner other than FIR ON POLICE STATION.

Advocate Sambit Swarup Patra answered
you can get those copies from the respective court where the case has been filed. that too if you know the case number, I think in divorce case fir is not required. because fir is an written complaint given to police.

Q: Regarding FINAL REPORT TRUE. Police didn't filed chargesheet. Polsufid

Police has filed final report before 2.5 years back. No objection or protest petition filed. Case status in e court is showing final form. No notice served to us till the date. How to dispose the case or way to accept final report by court.

Advocate Sambit Swarup Patra answered
first to know what the charges are against you, and regarding the final report your assigned advocate should have applied for it, and if you want to get rid of the case one way to file a petition in high court.

Q: Being mentally harassed by Wife and Father in Law

Hello, nI am residing in Bhubaneswar. Since over 14 months, my wife has been mentally harassing me. We have a boy of 3.5 years old. If I dont respond to her harassment, she makes the life of my child very difficult. Doesnt look after him and ignores him to get my attention to fulfill her demands. I have been happily paying for her education since marriage and she has been perusing PHD since marriage i.e. 4 and half years. She tells her parents that I am not providing her money or food or anything and have been ignoring her and says that my parents hit her and abuse her and all sorts of lies. My parents were government teachers and have never abused or hit anyone. During July 2022, my father in law entered our house completely drunk and abused my parents and myself the entire night. We have this recorded on camera for 4-5 hours. He also have hit me and my mother and my younger brother. He was drunk. He threatened to file dowry case and have everyone arrested. Kindly advise. (Hindu)

Advocate Sambit Swarup Patra answered
In such cases you have immediately gone to lodge an FIR but as of now the law is for women, as such we have to hold tight and drag your in laws in criminal cases but for that we have to know the history of the case and reason for her aggressiveness against you, and her own son so kindly whatsapp me directly because as you have given the gist of the matter.

Q: Mutual Divorce Petition and FIR closure

I have filed for divorce 4 years back and we have been living separately since then. My wife is saying she will sign only once in front of the family court and will take the full alimony amount on that day in front of the family court judge. Both our lawyers are saying that the mutual divorce will not be filed under section 13b since I have already filed the divorce petition 4 years back. In this new petition they will mention closing of Maintenance and Divorce case and if GR case is there regarding FIR that will be mentioned too and closed. My question is can FIR be closed by writing the terms and conditions in the petition filed for mutual divorce decree whether or not the police has submitted the chargesheet before SDJM court? Do I have to run from Mahila PS to SDJM or High Court if my wife backs out of closing the FIR after getting the alimony amount? I do not want to be in trouble with police regarding FIR after giving her the alimony amount. Please advice.

Advocate Sambit Swarup Patra answered
hello, FIR once registered cannot be closed and if FIR is registered under which section if it's been registered under non bailable offences, then you have to be forwarded to judicial custody or Jail. you will have to give hazira in the court where your case is in, your wife cannot close a FIR once registered so kindly check that has it been registered or only SD has been done.And for Alimony only will be decided and settled before the court don't do anything without the Court knowledge.any further assistance kindly get in touch.