Advocate Dhananjay Kumar Gupta

Questions Answered by Advocate Dhananjay Kumar Gupta

Q: I want a divorce & separation from wife

My wife wants me to separate from parents...putting false allegations to my mother & brother...what should I do

Advocate Dhananjay Kumar Gupta answered
If you wish to stay with your parents and cannot tolerate all this and even your wife is not stopping all nuisance than you can go for divorce on the ground of cruelty. There is a judgment of S.C, any wife pressurizing husband to leave his parents amounts to cruelty. Even tortureing husband's parents also amounts to cruelty.

Q: Got married at age 19 and mentally tortured by the wife

I am Christian. Was 19 yr old at the time of marriage in 2002. The priest was my father in law who wrote 21 years on my marriage certificate. My wife had extra marital affairs. Now also.We are living under same roof but no physical contact for 5 years. I have no job. She has govt job. She convinced me to quit my job as lab technician. She wants me to be a dependent. There are times when she doesn't give food to me especially when I find a job. She abuses me in front of the kids. I suffer from depression too. She tortures me mentally. I don't get medical aid in case of injury or sickness. If I find a job and go for work, she stops giving food. I m helpless and broken. I want to save my future by getting a divorce. What is the solution to this? Pls help me. Is there a remedy or am I doomed for life? Someone told me to contact lawRato. My fundamental right of life to dignity is being violated. Please save me. I m not so good with English, so a relative of mine is typing for me.

Advocate Dhananjay Kumar Gupta answered
you can file a divorce petition in court on the ground of cruelty as per Christian personal law. There is nothing to worry, as per your facts your case falls under the ground of cruelty for filing divorce petition in court.

Q: Police forcing me to quash a mobile theft case by going to court

Filed an FIR on January 23, 2016, for my stolen mobile phone under Section 379. After two years, now, the Police is calling me incessantly to appear in court to quash the case and close it once and for all. I do not want to do that. The police have said that they have put a lot of effort in the tracking but could not locate the phone/ thief. I just want to know whether I am obligated to appear to court and quash/ close the case. I really don't want to. Kindly help.

Advocate Dhananjay Kumar Gupta answered
No, you are not under any obligation to appear before court every time but if court orders you to appear then make sure to appear before court. With regard to quashing/closing of the case, feel free don't come under any pressure to withdraw the case.

Q: Filed a cheque bounce case but defaulter party not appearing

HAVE FILED A CASE UNDER SEC 138 BUT THE DEFAULTER PARTY HAVE NOT PRESENT IN THE COURT DUE TO WHICH FIRST JUDGE SAHEB SAID ITS 82 NOW AND NOW ITS 83. I WANT TO KNOW WHAT IS 82 & 83. MAY I BE ABLE TO GET MY MONEY BACK OR NOT. PLEASE GUIDE ME WHAT SHOULD I DO. THANKS WITH REGARDS Where do you need legal help?

Advocate Dhananjay Kumar Gupta answered
First of all 82 & 83 means section 82 & section 83 of Cr.P.C which talks of proclamation for person absconding & attachment of property of person absconding respectively. Hon'ble court is moving steps in your favour so, don't worry. With regard to getting money back, Hon'ble court is trying to compensate you by attaching accused property.

Q: Possibility of mutual divorce joint petition with fake marriage date

I recently got married in dec 2017. We both decided to take divorce. She has sent an agreement stating some clauses and told we can show our marriage took place on dec 2016. And then can apply for mutual divorce. Is it possible??

Advocate Dhananjay Kumar Gupta answered
As per law, for the filing of divorce petition minimum one year must laps from the date of marriage. By showing some documents which are not a genuine document this amounts to playing a fraud with the court. I would suggest you wait for few months then file a divorce petition under section 13B i.e, divorce by mutual consent.