Advocate Gulshan Gupta

Questions Answered by Advocate Gulshan Gupta

Q: Wants clarification on cheating as ground of divorce

Wife is cheating???everyone knows that ,even her parents..I have one boy child with her, I am in Delhi ,she is in Dhanbad,serving in Railways..she herself says she does not want to live with me...when I asked her to give in writing..she refused...but now I want divorce..plz tell me what more legal action I can take?? I am Christian and she is also Christian??

Advocate Gulshan Gupta answered
If your wife is cheating with you then this is a clear ground of cruelty and you can file a divorce petition. You have to collect evidence of cheating because burden of proving cheating is on you.you can hire a detective to keep an eye on her and collect evidence for you.

Q: Filed a criminal complaint does not want accused to abscond

I filed a criminal case in the court. What should I do that the accused could not run away from court ?

Advocate Gulshan Gupta answered
If the accused do not appear before the court then the court will follow the routine procedure of issuance of Non Bailable warrant and of he still won't appear then the process of 82 n 83 code of criminal procedure. ..... you can only secure his precence by this procedure

Q: Is there any alternative of bail in fake 498A apart from stay order

Hi, Is there any alternative of bail in fake 498A case apart from stay order which I have already from AHC?. Please advice and reply. Thanks Vikas

Advocate Gulshan Gupta answered
If the case is fake and you have strong evidence regarding that, then you can file quashing petition in concerned Hon'be High court.... apart from that ask the investigating office to file the cancellation of FIR in the court

Q: How to get justice when police not finishing inquiry in abetment case?

My mother committed suicide under pressure from the in laws of my brother as there was disputes in their marriage and disagreement on who will keep her grandson (whom she was never able to see). we have registered a FIR including 5 members of my brothers in laws under IPC 306 , 36 on the same date of death , after wards they have got a inquiry against the FIR which the DSP of the region is conducting. For that inquiry DSP has taken the statements of all concerned. today it has been more than 3 months and the police has neither filed the charge sheet nor finished the inquiry instead the are asking us to do compromise as there is huge pressure from the political people on them form the other side. what are the chances DSP can quash the FIR and the case will not see the light of day ?

Advocate Gulshan Gupta answered
You can file an application in the concerned court seeking status report of your case. After filling of application it is the duty of the investigating officer to file the reply in the court . This will help you.

Q: Person putting blame of theft, no evidence available with him

Person is blaming me for his mobile phone theft as I was the only one standing there next to him at grocery store. He doesn’t have any direct evidence nor any eyewitness. My question is what all evidence will be required in absence of direct evidence to prove theft beyond reasonable doubt and to get me convicted. Please list all the evidence required by him to prove theft.

Advocate Gulshan Gupta answered
As you were the last person who was there on that place,so as per last seen evidence you are the one who is connected with the crime.So far as requirment of evidence is concerned then recovery of mobile phone is very important in this case.