Advocate Ashish Kumar Gupta

Questions Answered by Advocate Ashish Kumar Gupta (25+ answers)

Q: Cheque bounce case of blank cheques

Hello i took 40k as loan from someone whom i was paying regularly from past 2 years as 10% monthlyBut i been unable to pay in last 2 months and he is being abusive and threatening to bounce my cheque for 1 lakh. He got my blank chequeIs it valid or i can take any action

Advocate Ashish Kumar Gupta answered
Approach your banker and mark stop payment of that cheque. File complaint for harassment and abusing. Such huge interest is not allowed. However still he can get dishonours that cheque. Need to defend case then.

Q: Want to file divorce on grounds of extra marital

Caught my husband cheating on me many many times and this time want divorce. But he is asking for his share of money that he has spent on the kids in 29 years of marriage. The house is on my name but is under loan. I am a govt aided school employee and with my salary I manage the house loan and finances along with my daughter’s marriage’s exp. My son also has an education loan on him and is still in his last year of college. We cannot provide any money to him and do not want him to live with us

Advocate Ashish Kumar Gupta answered
Demand of your husband is illegal and not substantial in the court of law any amount spent on upbringing of children cannot be taken back so let him ask whatever he is asking. if you want to be separated then you can file a contested divorce in in family court under section 13 of hindu marriage act (if hindu spouse) and you will be granted divorce you can also seek maintenance and alimony from your husband for rest of your life.

Q: Side road ramp for stilt area, i

For a corner plot, is it allowed to open stilt on the side road with a rampIs it allowed

Advocate Ashish Kumar Gupta answered
You cannot alter your property map and unless you have a section plan from the municipality However you can stall like temporary tin shed about the side road and you can park your vehicle there. Any illegal construction deviation from the sanction plan of the building may be demolished by the municipality so do everything with proper guidance

Q: MM/JMFC is not deciding my application to alter interim maintenance

i have submitted an application to MM/JMFC to alter interim maintenance in DV case , it is more than one year and the judge has not decided my application, now other party has file an execution. Under which section shall i file an application to ADJ to decide my interim application first as it is pending more than a year. in high court under which section.

Advocate Ashish Kumar Gupta answered
File a revision before ASJ Under section 397/399 CR.P.C.In high court you can go under section 482 Cr pc MM code cannot recall its own order you have to file a revision petition before session judge under section 397 and 399 of CRPC and if you're not getting any relief from session code you can file a petition under section 482 CRPC before the High Court so you can avail both the remedy but I advise that you should avail first session court remedy

Q: Regarding dowry and maintenance

Wife asking for maintenance and we are separated after one year marriage now she asking for Rupees 50 thousand and she is claiming more 40 lakh her father has invested and given in marriage." how to be safe from this issue and what is the reason not to give single penny and process we can complaint against her ???

Advocate Ashish Kumar Gupta answered
Prove her competency to earn and her qualifications. Subsidise your earning on papers. Fight case with competent lawyer. All cases including dv act , 125 (3) , etc. should be on same platform and script.