Advocate Sanjay Kumar Panda

Questions Answered by Advocate Sanjay Kumar Panda (25+ answers)

Q: Inadequate Hostel amenities in Private Girls Hostel in Bhubaneswar

A private girls hostel I'm staying in doesn't have any proper sanitary pad disposal system. We have to throw it outside ourselves. We are approx 60 girls staying here and there's only one water filter that provides water sometimes and sometimes doesn't. We have to go thirsty often. Another issue is the absence of fire extinguisher, there's no fire extinguisher here. Does these all amount to solid enough reasons for me to file a complain. And where can I file an anonymous complaint.

Advocate Sanjay Kumar Panda answered
yes all are coming under deficiency of service and also violation of human rights. As you want to keep your name secret so you can intimate before below authorities.you can file before state women commission who will keep your name confidential or you can report before district collector.

Q: Access road to my plot and blocked my road

Neighbour blocked my road and hitting me and my sister and he is belong to tribal community.

Advocate Sanjay Kumar Panda answered
You can file petition before executive magistrate court and obtain restrain order against them. Their acts falling under public nuisance and local police after getting direction from magistrate will help you and if required compel them to give undertaking for not committing this type of nuisance or you can directly file civil suit for relief.

Q: Wife demand total property of husband as maintenance

Husband wife was separated from 7 years but they didn't get divorce.for divorce wife demand total property of husband as maintenance.when wife is independent also they don't have any kids.is it possible

Advocate Sanjay Kumar Panda answered
No, it is not legally possible for a wife to claim 100% of the husband's entire property as maintenance or permanent alimony under Indian law. The courts determine maintenance based on equity, fairness, and the financial status of both parties. However wife's claim for total property can be presented before court as her ill intention and conduct and can be proved as cruelty committed by her towards husband taking advantage of married wife ignoring her obligation as wife. Her conduct can be taken as criminal action of extortion.

Q: Family safety declaration documents

Hello sirnWe are a joint family of 3 families, we have our own. Individual earnings but we stay at our ancestors house till today. Day to day small fights happens in 1 of the family of our joint family. What we want is if 1 family is doing some problems the other two families should not be held responsible for any unforeseen situation. Is there any legal way to deal with it?

Advocate Sanjay Kumar Panda answered
Dear sirin above situation partition of property is the appropriate way so that interference of other one will not be there . further through Domestic violence case can be taken direction accordingly .

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 Sanjay Kumar Panda answered
Dear sironce all issues settled before concerned court with joint agreed terms and conditions then pending FIR will be also weak in evidentiary value as complainant herself donot want to pursue. accordingly police will close investigation and may give final form . If your wife will back out latter you can accordingly aporoach before court for non adherance of settlement terms and conditions. and also in both the situation as your wife have already given favourable statement before court during settlement it will always work in favour of you.