Advocate Harshit R Gupta

Questions Answered by Advocate Harshit R Gupta (25+ answers)

Q: Section 5 details and section 15

My wife filed sec9, sec15 in 2022. She claimed I going to marry sister-in-law Rajani in her petiton. I filed sec 13 1ia in 2022. Again she filed sec498A in highcourt in 2024. After contest I got divorce decree document in mar 2026. Now my parent plan to marry my sister-in-law Rajani in Feb 2027. Shall I get marry her now. What kind of legal issue may face again?

Advocate Harshit R Gupta answered
In the light of the mentioned facts and law laid you can marry again only if the period of filing appeal has been expired or if appeal has filed after disposal of it. For precise advice detailed analysis of your facts and documents are required.

Q: after mutual agreement Which statement girl should give to close 498a

We have made a mutual agreement, and the first motion has been completed now to close the 498a case i need to give the statement , other party advocate is saying no need to go to high court we can close in mm court , in 498a charges has been framed on husband and matter is at my evidence. what statement shall i give to close the 498a case

Advocate Harshit R Gupta answered
Sir, in this scenario you must approach the Hon’ble High Court to get it quashed as cruelty is not a compoundable offence. This is the appropriate recourse law prescribes. As dissolution of marriage by divorce does not terminate the criminal offence. For precise advice detailed analysis of your case is required.

Q: CVC complaints closed without enquiry

filed 2 Complaints in CVC portal against a Central PSU . Both complaints were closed and RTI revealed that no Enquiry was made into complaints and were closed without any Enquiry. I filed 3rd complaint for closing complaints without enquiry. complaints had matter related financial irregularities, manipulation of office records, misuse of administrative power (selective use to initiate a enquiry), etc. contents were verifiable from available office records and mails. WHat can we do now ?

Advocate Harshit R Gupta answered
File writ before the High Court to seek direction from the Hon’ble Court to direct an inquiry against such officials by CVC. Provided your facts are amenable to the CVC Jurisdiction. For precise advice detailed analysis of facts is important.

Q: Urgent: Child travel permission for UAE job without husband's NOC

Married 23/12/23 (NikahNama only). Husband abandoned me, 37 days after my C-section while baby (born 31/05/25) had jaundice. Living apart 20 months. I paid 100% of all medical/baby expenses. He gave 1 revocable talaq but we reconciled by conduct; he now denies it to force divorce. Got Abu Dhabi school job offer (ADEK). Husband refuses travel NOC. School gives short joining window. Can I file for child travel permission in Delhi court using job selection screenshots before final letter arrives.

Advocate Harshit R Gupta answered
Ma’am you are within your rights to seek such directions from the Honorable Court. However, court considers paramount interest of child. Yes you can file the screenshots but beside that there are several steps you have to take to sought such direction. For precise advice, detailed discussion and analysis is required.

Q: Understanding how divorce and child custody works if we plan to separa

Married for almost 6years, I and my husband, both Hindu, have disputes between us, largely related to hai parents. I feel suffocated in their house and want to get separated. Ending the marriage is not an easy decision, considering we have 1.5year old boy together. Want to know about rights, custody battle, and other things related to divorce, if I try to end this dilemma.

Advocate Harshit R Gupta answered
Ma’am till the age of 5 years the natural guardian of the child is mother, though in that too Court will take into consideration paramount interest of child. In divorce proceedings the custody of child is decided by the court in the light of the facts asserted cumulatively.