Advocate Sanjeeva Gupta

Questions Answered by Advocate Sanjeeva Gupta

Q: Husband filing for divorce on the ground of cheating

Actually my husband has a whtsapp screen shot proof of my chat with one of my collegue. The time when i was pregnant that time i had a chat like ""madam how are you and you have conceived a baby congrates ..your husband is back or not.you must have a baby boy agr na hua its ok next mera kar lena..."i mean that was totally fun. And now my husband is also making ground of divorce to this chat and saying that i have extra marital affair. So my question is what should i say in front of judge. Whether i say that the chat was not mine or my husband have done this chat through my phone with his friend. I need your advice in this. Thank you and regards

Advocate Sanjeeva Gupta answered
For want of details its bit early to give you some terse reply - anyways it cannot be a ground of divorce, as no message has been attributed to you it's from your colleague only - - no body has any right to infringe your privacy not even the courts. Disown this chat message.. Ignore it completely.. Right to privacy is your fundamental right under d constitution of India ...

Q: How to get my daughter custody back from my in laws

My in laws take away my daughter after my wife's death due to severe u identified infection after delivery of my baby girl six years Ago in 2013. I am a working guy with handsome salary. My in laws also know that it was not a case of dowry and all that. At that time my daughter was only 9days old. That time I was emotionally attached with them and allowed them to keep my daughter for some time. In 2014 I got remarried and have a baby boy. Now after six years I want my daughter back. But thay refused to give back her. They quarrel me and don't even pick my phone. In these years I have been continously in touch with my daughter on phone. I visited her every two months. She loves me alot and recognize me and her step mother as well as we continously visited her with gifts. I m in quite depression nowadays due to all this. Please help me what to do to get back my princess.

Advocate Sanjeeva Gupta answered
U must be knowing that State (including Courts) are Parens Pariae of the Children, where well being of the child is of paramount consideration. Ergo, wish of the child is also has the equal importance. So pls make sure if your child is really ready to accompany both of you, giving visitation rights to your in laws or vice versa amicably. If not, approach the Arbitration and Conciliation Cell of the Court for the custody of the child...

Q: Mother's right to custody of 5 year child as husband force settlement

 my son is 5 years old and he has been with me since childhood. Now my husband is forcing me for settlement but I don't want. I'm worried about my child custody. Can it be given to him?

Advocate Sanjeeva Gupta answered
No at all. He cannot snatch or take legal custody. (1) wish of the child, if he is mentally capable to understand what is good or bad for him, along with his welfare, is of paramount consideration, (2) Courts/State is Parens patriae of the child. So don't worry if your child wishes to stay with you, and be happy...

Q: Demand for money made by wife's family, husband was married earlier

I had a girl friend with whom we got married in arya samajh. Due to family issue , we took divorce by mutual consent. Now she got married to some one and I too got married to someone. My present wife got to know about my previous marriage and divorce as she has seen my what's app message which I forgot to delete. I tried to convince a lot and took help of parents as well. Nothing works out . Her family members are demanding unexpected money which I can't give. Although they don't have any proof my last marriage. That's I m sure. It's been more than six months, she is staying in her family father's home. Although I agreed to give them money and said to file for divorce but they are demanding money first . Pls suggest what action should I take ..or what they do against me.

Advocate Sanjeeva Gupta answered
There is nothing to worry about, you must not succumb to their blackmailing tactics, as divorce(e) is as good as unmarried. Moreso, it seems you don't have any issue(s) from your previous marriage. Nothing to worry about irrespective of proof or no proof of previous marriage, need not pay heed, just try to reconcile with your wife...

Q: I have property civil suit pending. Please suggest me

In a civil suit, the petitioner filed suit for declaring registered gift deed executed by her as null and void. The gift deed was executed in 2002. The petitioner filed the suit in 2013.In the suit, she says it came to her knowledge in 2006 that said gift deed was fraudulently done.She says being Senior citizen she could not file suit for 7 years from 2006 to 2013. It is clearly time barred as per article 59 of limitation act. The plaintiff expired in 2014.Two of her sons have become plaintiff LR1 AND LR2. To avoid limitation act, they have sought amendment saying they have come to know about said gift deed only in 2013. Question is can LRs change the original petition of plaintiff by seeking such amendments. If allowed so the defendant shall lose benefit of time lapse as rule 59 of limitation act. Should such an amendment be allowed although trial has not started.

Advocate Sanjeeva Gupta answered
Let them amend the plaint, then, you may take objections qua limitation etc . Present petitioners are themselves destroying their case; as cause of action has totally been changed. The original pltff had had a cause of action under d Sr Citizen act, whereas, it wud b difficult to prove fraud on your part by the recent pltff cum legal heirssince complete factual matrix are deficit so pls supply the same for better advice. Thnx