Advocate Manoj Gautam

Questions Answered by Advocate Manoj Gautam

Q: 420/406 need to close case in favour of respondent

FIR filed under 420/406 and after mutual discussion complete amount in FIR was returned back to petitioner via rtgs. FR has been filed by police stating same and is in civil court with status For notice/summon. What will happen next if respondent is not in position for appearance in court ? How to bring this case to closure without appearing in court as a respondent ?

Advocate Manoj Gautam answered
if the summon is duely served on the complainant and compainint not turn up to court, court may accept the final report submitted by investigation officer in absence of compainint and close the case then respondent need not to appear before court.

Q: Advice for filing of appeal in high court Allahabad

The appeal is to be file against injustice from trial court Shahjahanpur u/s 498A, 504, 506 & 3/4. Note :- Pl. Send your email address so that we can send judgements for your perusal.

Advocate Manoj Gautam answered
hi, it's not clear from your query, whether you appeal in session court or not....you have to file appeal first in session court of the district, if its also already been decided by the session court then to highcourt...

Q: Landlord (army person) forcing to have sex What action can I take

Dear Sir/ Mam, One of my friend (a girl) lives on rent in army area. And the landlord works in army. And that landlord has read her personal diary and now he is blackmailing her. He is saying that if she doesn't have sex with her, he will tell everything to everyone including her parents and in her school. My friend is just 14 years old. She is very depressed. She has not told anything about this to her parents. Please tell me what can be done in this case. 

Advocate Manoj Gautam answered
Seducing child for sex come I category of pocso act. Try to gather all evidence of seduction , behave like bold and Make complaint to police, as well as forward that complaint to his department with proof...

Q: My husband is torturing me. What legal action can i take

Got married in 2007 n husband ws nt able to physical relations.he said he is on medication. After 8 yrs of marriage m still widout physical relationship. In 11 I gave birth to a daughter wid IUI treatment. Nw from last 3 yrs he mental harras me n beat me too.. Which way to go????

Advocate Manoj Gautam answered
It totally depends on you, if you think you this situation can be short out as passing the time then try to counsel your husband with help of other of people's whom do u think better for that, and if you think that all these situation regarding your marriage has come to an end and you can't resist it then doors to file divorce is open to u...

Q: Can I apply for DNA test of my daughter through court

I am undergoing a court case of divorce in india.I have one daughter. My daughter isi am a hindu. living with me.Her mother don't want to take get responsibility. I will take the responsibility of the daughter subject to testing of Dna.can apeel fir Dna testing? Is there pathology fir Dna testing in india??

Advocate Manoj Gautam answered
Yes, u can apply to test the paternity of child, and court has power to order the person to undergo the test, however the court will exercise such power only when u have specifically challenged the paternity of ur child in the written statement filed by u in court and no other way is there to find the subject matter and there is sufficient matter before court for contradiction of paternity , court will not pass the order in a routine manner,