Advocate Hemant Kumar Gupta

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

Q: Maintenance and alimony, if facing mental crueality?

Hello Sir/Madam,I want to ask about maintenance payment. My left my home during her sisters's wedding in december 2025, and is still living in her home, no call, blocked me on whatasap also.I think they are thinking about taking alimony from me, as they are of lower standard than us. I have recorded her videos where is clearly saying "yes I told him not to sleep with me" she did not let me inside bedroom since august 2025. In one video she is saying "I dont want any relationship with my brother

Advocate Hemant Kumar Gupta answered
If you are able to prove that your wife is in a relationship with another man, then only you can avoid the maintenance. If she is not sharing the bed with you, then you can file a divorce petition on the ground of cruelty. if she is working and earn decent money, then you may have to pay lesson maintenance amount.

Q: PART PAYMENT REFUND FROM AMITY UNIVERSITY RANCHI

I PAID RS 30000/- AS A PART PAYMENT TO RESERVE A SEAT FOR MY DAUGHTER SNEHA. COLLEGE ASSURED ON CALL IF YOU GET ADMISSION IN ANOTHER COLLEGE THIS WILL BE REFUNDABLE. WE INFORM ON TIME BEFORE 31ST AUG-25 ON MAIL/WHATSUP THAT WE GOT ADMISISON IN ANOTHER COLLEGE. THEY ARE NOT READY TO REFUND PART PAYMENT.CAN WE GO IN CONSUMER FORUM?PLEASE ADIVSE.

Advocate Hemant Kumar Gupta answered
1 - Check Written ProofFirst confirm you have: • Receipt of ₹30,000 payment • Email / WhatsApp message where you informed before 31 Aug 2025 • Any brochure / message mentioning refund policy • Call recording (if available)Even if assurance was oral, your timely written intimation helps you.⸻2️⃣ Send a Formal Legal Notice (Very Important Step)Send a legal notice through an advocate demanding refund within 15 days.Mention: • Date of payment • Assurance of refund • Date you informed about cancellation • Their refusal • That their act amounts to deficiency of service and unfair trade practiceOften colleges refund after receiving legal notice.⸻3️⃣ File Complaint in Consumer CourtEducation institutions fall under Consumer Protection Act, 2019 for refund disputes.You can file complaint in:District Consumer Disputes Redressal Commissionin your district or where college is located.You can claim: • ₹30,000 refund • Interest • Compensation for harassment • Legal costsCourt fees are very minimal.

Q: How Can I Get Stay In Selling Of Materimonial Home

I m separated since 10years and i have file dv act case in year 2016 , i have not got the matrimonial residence right till now, and the opposite party want to sell the house, how can i get the stay for the same.

Advocate Hemant Kumar Gupta answered
Apply for an Interim Stay / Restraining OrderUnder the DV Act, you can seek: • Section 17 – Right to reside in the shared household • Section 19 – Residence Order • Section 23 – Interim and ex-parte ordersYou should immediately file an Interim Application under Section 23 before the same Magistrate court where your DV case is pending and request:

Q: How to do second marriage without divorce

My divorce case is in court but it’s taking lot of time i am growing older my wife is not agreeing for mutual divorce. Is their any circumstance where i can do second marriage and still fight for divorce in court

Advocate Hemant Kumar Gupta answered
No. You cannot legally remarry until your divorce is fully granted by the court.Under the Hindu Marriage Act, 1955 (and similar provisions under other personal laws): • A marriage is valid only if neither party has a living spouse at the time of marriage. • If you marry while your first marriage is still legally valid, it amounts to bigamy. • Bigamy is a criminal offence under Section 82 of BNS. • The second marriage will be void (illegal). • You can face criminal prosecution and possible jail.1.Try MediationFamily courts usually refer matters to mediation. Sometimes settlement becomes possible later.2.Settlement NegotiationMany mutual divorces happen after: • Maintenance/Alimony settlement • Child custody agreement • Property settlement