Advocate Hunar Gupta

Questions Answered by Advocate Hunar Gupta

Q: Case dismissed, wife not going because of in-law harassment, advise

what to do if husband files case under 9 Hindu marriage Act RCR, and case gets dismiss after 1 year due to non appearance of husbannd. Wife wants to go back but subjected to cruelty in in-laws home. she is living with her own parents from last 2 years. Mrriage took place in 2014 and and she lived in her in-laws home only for 2 months.

Advocate Hunar Gupta answered
if you want to go back you can file a case under sec. 9 H M A for restitution of conjugal rights. And can also file case for domestic violence as well as cruelty. there is no bar for you to file a petition under section 9 HMA.regardsHunar Gupta advocate

Q: How to get divorce and alimony from husband

I got married two years ago. However, I don't have any kid as my husband is not that keen to have kids. He is quite demanding though he is well of but from the first month of marriage he has been lying about few loans which he said he has taken & is continously looking for indirect ways of taking money from me, I have caught him many times and there is no loan to pay. I lost my job 3 months ago & was dependent on him but he abuses & chucks me out of the house. It's been 15 days that i' m staying at my brothers house but he didn't come to take me back. Please confirm on what ground can I file a divorce. Also, what is the procedure to get alimony.

Advocate Hunar Gupta answered
Mam from the facts which you have disclosed it is not clear whether your marriage was solemnized under Hindu rituals or under muslim rituals, you can file a a petition under Section 488 RPC ( Section 125 Indian Penal Code ) for maintainance, in addition to it you can file a case against him under Domestic Voilence Act and can also file divorce petition under Section 13 of Hindu Marriage Act.RegardsHunar GuptaAdvocate

Q: Govt. acquired land without the consent of the owner

Is it posible to do stay of my land which has been aquired by j&k govt.for tourism porpuse whith out informing owner.and we hav also object when i got know that the torusim is going ti aquire 2 yr ago..they had delebratly aquired without the will of owner..

Advocate Hunar Gupta answered
Respected Sir/Madam,There is a set procedure provided under J&K Land Acquisition Act, the govt. cannot acquire the land without the consent or following the due procedure provided under the Act. It has to be seen whether notice u/s 6 has been issued to you or not. You can certainly approach the court against acquisition of the land without your consent and can get the notification stayed.RegardsHunar GuptaAdvocateJ&K High Court

Q: Could not join service due to ongoing case in CJM

Sir, due to pending case in CJM court a boy could not join within 21 days of his appointment. Vacancy reserved by HC. Later case compromised and individual acquitted. Fresh order issued by govt to join within 10 days with instructions to individual that order shall also be subject to the withdrawal of writ petition filed by you. what should he do now as the time period is less. Can he join and later he can withdraw, because HC will take some time to process case. Please advice

Advocate Hunar Gupta answered
As per the query what I can suggest is that you must file a memo of urgency in listing of the matter along with an misc. Application placing on record the fresh appointment letter seeking withdrawl of your case from the court on the basis of that letter. That will suffice your purpose. RegardsHunar Gupta Advocate