Advocate Anshul Dutt

Questions Answered by Advocate Anshul Dutt (25+ answers)

Q: 340 crpc judgement hold by the court

Dear sirI filled 340 one year before and court complete all evidence and final argument procedures after that court decide the date of judgement. In the date of judgement court said judgement will hold and will be finalized later. Is it possible to use supreme court guidelines directed to high court's that judgement can not be hold more than three months. Is it applicable in lower court also.

Advocate Anshul Dutt answered
Sir usually the 340 application in a family cases are heard at a later stage as in most of the cases there are twisted facts put up by both the sides against one other in their petition or replies , although if there is a strong evidence against the other party then the court may proceed with the action on it at earlier stage as well . On practical grounds these applications are held so you can't do much about except expecting the judge to decide on it at the earliest .

Q: Got one-sided divorce granted against petitioner without any alimony

I didn't got alimony after my divorce granted without my consult. Then I appeal in high court but it dismissed. I have my minor daughter who is 14 years and I also reappeal in supreme Court the case dismissed. So how will I get alimony now?

Advocate Anshul Dutt answered
Maam in normal circumstance this is never the case but since you haven't received any alimony or Maintenance there seems to be certain things which must be against you as you haven't mentioned it here it won't be possible for to suggest you anything in this regard . I request you to call me to get a solution for the issue.

Q: on contested divorce, does pending 498a create any impact

husband filed contested divorce on ground of physical cruelty and mental cruelty, social defamation . in which two criminal case are pending against the wife and 498a is pending against the husband. wife did not exhibit any evidence and husband exhibited more than 20 evidence.... does family court judge mention in judgement about the pending criminal cases. does judge make opinion about the cruelty on the basic of MLC

Advocate Anshul Dutt answered
The judge is hearing almost 50-60 cases on a daily basis and many of them are like your case in one or the other way so they somewhere knows what is the real issue , situations are . As far as the evidences are compared it cannot be said a 20- 0 match because after all its not football or basketball but yes if in those 20 of your evidence even 1 holds relevancy the case will go in your favor . Since you haven't mentioned the nature of evidences I request you to call and get better advise that can help in your case.

Q: Defamation And Civil Suit For Damages

If your wife has used long before sisters and brothers in law residing separately as accused in dv case and judge removed their name from array of parties under dv section 2 (s) is it possible, legally maintainable or beneficial to put defamation and civil damage case against wife.

Advocate Anshul Dutt answered
Yes it can be done by you the things that matter are the circumstances of your case , nature of allegations, sufferance due to the accusations etc. There are a number of things that need to be considered in your case to go for a criminal defamation case otherwise in a fit of rage you will end up losing your time and money without getting the desired results . You can contact me for better guidance in this regard.

Q: Regarding my parents passport and old surrender certificate

my parents got indian passport before acquiring indian citizenship then they got caught they surrendered their passport now after more than 10 years they got indian citizenship now while applying for fresh passport it is asking if they have surrendered their passport what should i do yes or no also we lost their surrender certificate

Advocate Anshul Dutt answered
You need to be legally correct for getting the fresh passports . There are lot of things that need to be known before advicing you for the further steps as the original citizenship status of yours the place of birth etc. , without knowing this it can be harmful for your case as it can lead to further prosecution. Contact for more information in this regard .