Advocate Shweta Arun Gupta

Questions Answered by Advocate Shweta Arun Gupta

Q: how to file for a Perpetual injunction and possession.

My dad is having Farming land in Latur he purchased some adjacent land from the person who is doing managerial duties on my land. Now he is disturbing my possession on the same I had filed Regular Civil Suit for Temporary injunction But Court rejects it. Please guide me. Thinking YOu.

Advocate Shweta Arun Gupta answered
Information you have provided here is deficient for giving any kind of opinion. You must provide information like 1. what kind of disturbance he is causing to your possession?2. Whether person disturbing you title is disputing your title or only possession3. Why court rejected your application ? Etc. Please provide these information and engage a lawyer immediately.

Q: Person barged into my property and demanding money what to do

One person with his gang of ten barged into my property and demanded for money. What action can i take now?

Advocate Shweta Arun Gupta answered
When more than 5 persons has robbed you or attempted to do same,of your valuables, then it's not only robbery but also dacoity which is aggravated form of robbery. In such event you must lodge FIR with nearest police station. And follow up the case.

Q: My wife has filled fake 498a case. Can i file a divorce

My wife left home before 14 month blaming to my parents. When we went to take her there family fighter and scolded us In last June she filled 498a the after one month her father came by saying to solve this matter. But still she is not coming to police station for sign and solving matter. Can I file divorce on this basis and what are the chances for success.

Advocate Shweta Arun Gupta answered
Yes you can file divorce case on ground of mental cruelty. If you prove that allegations were false then there are chances of success which may take 10 to 12 years and huge expenses. Or you can go for divorce by mutual consent. But I would suggest before taking step towards divorce case you must introspect yourself whether there are chances of improving your relationship, think over some points like, why you married with that woman, how was she in the start of your relationship, what made your relationship worse, think whether you ever dealt with your relationship maturely etc. It's you and your wife, can save your relationship and your precious time and money. Well you have major role to play in saving your relationship. Just don't waste your life in fighting. Don't let your or her family members to interfere in your relationship and try to respect her words in settling dispute.

Q: How to make an investigation officer to do fair investigation

I am victim of robbery by 2 people for no. 435/16 of mfc police stn kalyan . police initially refused to file fir but then I went on a hunger strike and they filed fir but during investigation io did not take statement of 2 key witnesses and sr.pi threatened to settle the fir . what can I do to make investigation officer take the statement of witnesses on record . regarda

Advocate Shweta Arun Gupta answered
You can make application to superintendent of police to order IO to record statements of material witnesses or you can ask for change of IO. And keep office copy with yourself. Even if I.O. doesnt record statements, You can pursue APP for examining those witnesses before court. Another remedy you have is to file Writ petition before High Court for appropriate writ to PI.

Q: Can a case be closed in one day ?

I don't know which type of case it is. in 2010 me and my friends (total 74 students ) we are doing protest for something . unfortunate some students are violent and destroy some auto vehicle near a railway station. a case file against us. after 7 yrs our college lawyer told us. present on 13thfeb morning on the court. I want to know if 30 or more students are absent, the case will start or not. what to do. the lawyer told us case will start that day and try to end a case that day also. It is possible to close a case in a day. sir please help us what to do.

Advocate Shweta Arun Gupta answered
Yes, it is possible to dispose of case in a day if proceeding are of trivial nature and punishable with fine only, or if court allows discharge application. But much depends on both Court and parties to case and also on lawyer.