Advocate Akash Gupta

Questions Answered by Advocate Akash Gupta

Q: 377 379 498A against me and my family

My wife file false allegations after 7yrs of seperation for rape , unnatural sex, dv at police station and also 498a agains my whole family. Can police arresst my whole family

Advocate Akash Gupta answered
direct arrest in 498a is not allowed police will call you for your statement record afterwards try to settlement through mahila kendra after investigation they can arrest you further details do contact me

Q: Query regarding place of filing child visitation case

Myself husband from mumbai got married with wife in her native place coimbatore in 2017,girl child was born in 2020,however due to some matrimony dispute both are separated from 2021,I also lost job during covid pandemic,now my daughter is with wife in coimbatore.2 month ago,wife filed pwdva domestic violence case sec;12 in ,coimbatore,still she not filed for child maintenance or any interim maintenance,but I anticipate she may file child maintenance in coming months.However last one year I not seen my child,therefore,Can I file child visitation petition in mumbai family court since I am staying in mumbai and traveling to coimbatore is difficult or is it mandatory to file in place wer marriage taken place(coimbatore)?pls advise which place better to file visitation.

Advocate Akash Gupta answered
wife can file domestic violence case from parental jurisdiction as in domestic violence case maintenance and custody are included in prayer so engage adv in Coimbatore from your side and in meanwhile you can file divorce petition or conjugal rights against your wife in your jurisdiction address mumbai you can contact me for further details

Q: Application to fly while on interim bail

I filed an FIR against my in-laws and husband for sections 498(a), 406, 323, 504, 506, 34 due to physical, mental, economic, verbal abuse. They have applied for anticipatory bail, but they are currently on interim bail till 6/7/22. I am intervening their bail; matter is yet to be heard by Session court (Mumbai) {vacant court} and police interrogation is still going on. Their statements are recorded, but chargesheet is not yet filed. They are all going to Haj. When I bought this to the notice of Haj authorities, they asked them to get NOC or court order if they want to travel. My husband has not given my mehr, money taken from my father (appx. 5 lakhs), maintenance to me or our 8 month old daughter. He is not giving talaq too & has further threatened me to abscond and get married as it is easy for him (muslim man). I want to know what kind of letter and from which court could he have obtained while being on interim bail? He flies on 1/7/22. What stand should I take on ABA hearing day?

Advocate Akash Gupta answered
you can simply to session court and contact government lawyer who will fighting behalf of you guide him/her about your case bcoz she will going to argue on Behalf and best advice engage a adv to watch on aba as 498 is criminal petition otherside you can file domestic violence case and ask for maintenance form husband plz contact for further details

Q: I want to apply for mutual consent divorce

I am married before 7 months. Will I get mutual consent divorce. I am 7 months pregnant.when I am eligible to take divorce.

Advocate Akash Gupta answered
mutual consent only grant divorce if both parties husband and wife both agree for dissolved marriage otherwise if you willing to give divorce to your husband then you can file divorce petition which will decide in court

Q: regarding IPC 311, 376, 498, 354

Recently wife filed false complaint against me which indicating IPC 311, 376, 498, 354 nI have never done any of the thing which supposed to be part of above IPC.There are few consequences happened recently 4-5 month back ,which they are pretending that it happened like thatNeed your help to get out of this, Kindly suggest nnI have mentioned my whatsapp number

Advocate Akash Gupta answered
Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a crime only when the wife is below age 15 Thus, marital rape is not a criminal offense under the IPC. Marital rape victims have to take recourse to the Protection of Women from Domestic Violence Act 2005 (PWDVAfurther details please contact me