Advocate Sasmita Rath

Questions Answered by Advocate Sasmita Rath

Q: Final decree notice after dismissed the case

My father did not attend in the court and ex parte in the case and later on the suit get dismissed. My uncle and father had partition in 1993 in the court, but my aunt did not sign as that time the law was not there. My aunt put a case on 2011 to divide the property. Now final decree they sent after my father ex parte and dismissed the case due to long time. we are trying to restore the dismiss in the case. what we need to do.

Advocate Sasmita Rath answered
Obtain certified copies of the plaint, written statement, order sheet, ex parte order, final decree, and dismissal order. An advocate can then determine the correct remedy—restoration, setting aside the ex parte decree, or filing an appeal. Time is crucial, so initiate the appropriate proceedings without delay.

Q: My family and my son is defamed due to activities of my daughter in la

My son married in Feb 2025 later in April 2025 stated to marriage mediator that my son is impotent over phone whose records are available with me but she gave birth to a child in march 2026 after leaving my house in her own will by giving in writing in Oct 2025 and is not returning to my house till today for which me and my family are facing more criticism by the society Legal advice for taking steps is highly solicited.

Advocate Sasmita Rath answered
From the facts stated, your son appears to have strong legal grounds to take appropriate matrimonial and civil action, subject to proper evidence and verification of facts.If the wife stated before the marriage mediator that your son was “impotent,” and you possess call recordings or other evidence, such allegations may amount to mental cruelty and defamation if they are false and made maliciously. Further, if she voluntarily left the matrimonial home in October 2025 by giving written communication and has refused to return thereafter without sufficient cause, it may also constitute desertion.You may consider the following legal remedies:Your son may file a petition for divorce on grounds of cruelty and desertion under the Hindu Marriage Act.Preserve all evidence carefully, including call recordings, mediator communications, written letter of leaving the house, chats, and witnesses.Since a child was born in March 2026 during subsistence of marriage, there is a legal presumption under Section 112 of the Indian Evidence Act regarding legitimacy of the child. If there are serious doubts supported by circumstances, your son may seek appropriate legal remedy before the competent Family Court, including DNA test prayer, but only through Court process.Avoid social confrontation or extra-legal accusations, as such matters should be adjudicated legally and with evidence.Anticipate possible proceedings under DV Act, Section 125 CrPC/BNSS, or related matrimonial litigation, and prepare a proper legal defence in advance.A detailed consultation with all documents and timeline of events would be necessary before initiating proceedings, as matrimonial matters are highly fact-sensitive.

Q: My daughter is occupied by sister innoaw

Hi, I have put my daughter at father in law last two year back with out my knowledge my sister in law occuied my daughterNote my sister in law staying at beside my father in law

Advocate Sasmita Rath answered
Yes, it is possible to proceed smoothly if both husband and wife mutually agree to divorce. However, under Indian law, merely signing divorce papers at home/residence is generally not sufficient for obtaining a legally valid divorce decree.In a Mutual Consent Divorce petition, both parties are normally required to appear before the Family Court at least for recording consent. The Court must satisfy itself that:Both parties are voluntarily consenting to the divorce;There is no coercion or pressure;Settlement terms regarding maintenance, alimony, child custody, return of articles, etc., are clear.If your wife is unwilling to actively participate but is ready to sign documents, there are still some practical legal options available:• She may execute a Vakalatnama and affidavit through an advocate.• In some courts, exemption from personal appearance or appearance through video conferencing may be permitted for genuine reasons.• If she resides far away or is unable to travel, an exemption application can be filed before the Family Court.However, complete absence from the process is risky because the Court generally requires at least minimal confirmation of free consent from both parties before granting divorce under Section 13B of the Hindu Marriage Act.Therefore, the best course is:Prepare a proper mutual settlement agreement;File Mutual Consent Divorce jointly through advocates;Request exemption/video appearance if physical appearance is difficult.This approach minimizes future litigation and avoids complications regarding validity of the divorce decree.

Q: How to file divorce without any issue or litigation to any party

I want to divorce to my wife, but my wife don't want to go coart and confess anything, only she wanting to sign in divorce paper at her residence which I applied (both of us need divorce but the problem is wife is not interested to indulge any activity in the divorce process and come to coart, she only says to sign in the divorce papers which I applied at their residence) is it possible with out any issues or litigation.

Advocate Sasmita Rath answered
In a Mutual Consent Divorce petition, both parties are normally required to appear before the Family Court at least for recording consent. The Court must satisfy itself that:Both parties are voluntarily consenting to the divorce;There is no coercion or pressure;Settlement terms regarding maintenance, alimony, child custody, return of articles, etc., are clear.If your wife is unwilling to actively participate but is ready to sign documents, there are still some practical legal options available:• She may execute a Vakalatnama and affidavit through an advocate.• In some courts, exemption from personal appearance or appearance through video conferencing may be permitted for genuine reasons.• If she resides far away or is unable to travel, an exemption application can be filed before the Family Court.However, complete absence from the process is risky because the Court generally requires at least minimal confirmation of free consent from both parties before granting divorce under Section 13B of the Hindu Marriage Act.