Advocate Sandipan Mohanty

Questions Answered by Advocate Sandipan Mohanty

Q: Advice required on the mutual petition to be filed(Hindu Marriage Act)

I filed for divorce case against spouse due to mental/physical harassment. When she was notified, she proposed to go for mutual divorce. My lawyer prepared mutual divorce petition, acknowledging the existing case and its potential termination upon mutual agreement. Her lawyer insists on first withdrawing the existing case before filing the mutual petition. I am concerned that withdrawing the case could leave me vulnerable if she then refuses to proceed with the mutual divorce. Please advice.

Advocate Sandipan Mohanty answered
Clearly, your wife’s lawyer seems incompetent. However, your lawyer has come up with the most appropriate strategy and this is how most of the mutual divorcé settlements are arrived. I would not recommend you to withdraw the case until you have filed the mutual petition. The fact that she is the one who has proposed mutual divorce, after you filed the case, you should now use that as a leverage to convince her for the mutual divorce.

Q: Grant of ACP from 1st july following the year of examination

Whether the order of CAT in favour of Employee can be dismissed by the Administrative authority by asking and later on taking an undertaking from the concerned employee on the ground that the court order is not as per audit observation.

Advocate Sandipan Mohanty answered
CAT is a statutory authority and its decisions are guided by principles of natural justice instead of CPC. Appeals against orders of CAT can be preferred before High Court. Kindly share more details and facts to provide you legal recourse specific to your case.

Q: Not getting releiving letter and full and final payment

I have worked for a company for six months. Then I left the company and deposited all their assets. It has already been more than 14 months, but after multiple emails, they are not giving me my release letter or my full and final settlement. Kindly help me out.

Advocate Sandipan Mohanty answered
In your case, it is critical to navigate the entire factual episode that led to you abruptly leaving the Company without a formal release. Accordingly, legal strategy can be curated to demand full and final settlement and release letter. Also, your offer letter needs to be reviewed to check if there is any provision that might support your case.

Q: My husband has extra martial affairs

I have two children and my husband living with us. But he has extra marital affairs .The lady phone him and charting with him from phone taking others name.

Advocate Sandipan Mohanty answered
Such action of husband amounts to mental cruelty and is a ground for seeking divorce. You are entitled to alimony/maintenance in case you file for divorce. It is important to build a strong case with supporting evidence to get proper relief in this type of matter.

Q: Police is dragging Accused in multiple FIR's of theft

Accused has already been arrested. Person I'm talking about just help thief once Unknowingly to contact with jweller and to accept gold, he was not aware of thief and gold is from a theft. Police is dragging him all over district theft cases and because of this they are dragging him in 2-3 at a time FIRs and he is also getting bail but no release. It may go on for several months, police will drag into FIR'S He keep applying for bail from Jail. Please help

Advocate Sandipan Mohanty answered
With the limited facts as provided by you, it is not clear if the suspect is under police custody or judicial custody at the moment. Kindly elaborate on the details of the case to provide more considered opinion and advice.