Advocate Deepanshu Gupta

Questions Answered by Advocate Deepanshu Gupta

Q: Procedure to disown a family member

How to disown a family member

Advocate Deepanshu Gupta answered
Hello,Father can disown his son by following a well established procedure.Issue a notice and get a statement of disowning be published in a newspaper.Give an application to concerned police station after that.

Q: Wants to know the time period of case in court if wife is not coming

It's almost going to be 3 years of family court case in next January 2018 ,wife is not taking summon from court neither present in court for hearing kindly tell me what is time period of dissolution of this divorce case .how long this case be remain in court .

Advocate Deepanshu Gupta answered
What is the ground of Divorce?You can request the court for ex-parte divorce, it may only be granted if you are able to satisfy the court that the respondent/wife is willfully avoiding the service of summons.

Q: Advice in Muslim wife's right to Mehr and jewelry on divorce.

I am Muslim and so is my husband. We are married for less than two years. We have a nikahname but my marriage was not registered. After mistreatment, my husband demanded I sign a divorce by mutual consent talaqnama drawn up by his family. I did not want a divorce but my husband insisted we were incompatible and therefore divorce by mutual consent was necessary. I have not yet signed their talaqnama. My mother-in-law also forced me return to them all jewellery given to me by third parties at marriage. She is also insisting I return the mehr I recieved from my husband. I want to safeguard my right to mehr and to jewellery upon divorce. Can these rights be part of a talaqnama or do I need a separate legal document for the same? Should I get marriage registered before proceeding for divorce? Please advise

Advocate Deepanshu Gupta answered
Hello,They cannot claim mehar or Jewellery on any kind.Jewellery given to you by relatives are gift.No need to make any separate legal document.Sign talaknama along with conditions if any.Don't be afraid of them.

Q: What is the validity of a marriage performed in arya samaj temple?

Please advice is a marriage valid if it was carried out in arya samaj mandir with out any witness from either girl or boys families and no notice was served to either family. The marriage was then registered on a different date in Tehsil on same day of application again without any notice to families .

Advocate Deepanshu Gupta answered
Hello,Marriage solemnised at Arya Samaj has same value like others.But, without witnesses the marriage is not valid.In case you you get it registered and have obtained a marriage registration certificate from the concerned authorities than it becomes a valid.But it can be challenged.

Q: Case filed of section 125 CRPC, husband not appearing, what to do

I had filed CRPC 125 approx 15 month ago since than husband has not attended a single date so far. My lawyer is not doing anything everytime he just take the new date. I am living with my parents and getting frustrate as judge is saying if this time he will not come will close the case as we dont have any proof of his income as he run his on cab in OLA. Our lawyer everytime asked for the RC of husband how can we bring his RC. Normally in such scenarios judges pass the decree in favor of wife by ordering husband to give maintenance to wife but here we are seeing a different picture. Kindly advise what should we do in such circumstance.

Advocate Deepanshu Gupta answered
Hello,Whether the notices are served upon him?If not, try different mode of service.If yes, insist on proceeding ex parte.If your lawyer is not working for your good than you can directly ask the Court for the same.It doesn't matter if Income proof of your husband is not available, court can pass an exparte order for maintenance after considering the fact you have provided.