Advocate Naman Gupta

Questions Answered by Advocate Naman Gupta

Q: Difference between summon and warrant

What are the difference between summons and warrant ?

Advocate Naman Gupta answered
Summon is a legal notice, issued both in case of civil and criminal proceeding, in which a court orders an individual either to appear or to produce a document before the court, at a stipulated time and place. On the other extreme, a warrant is described as a legal document issued by a judge or magistrate, which empowers a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice.

Q: How to handle the false case of 377 by wife ?

My friend's wife has filed false 377 against him, after 1 month of marriage. 2) What are the chances of my friend getting anticipatory bail in 377? There was no such act done by my friend with his wife. 3) I am worried about the consequences of this misuse of section 377 by wife

Advocate Naman Gupta answered
Sec. 377 of IPC is a serious allegation. Getting anticipatory bail completely depends upon the averments made in the complaint and statement recorded by the investigating officer. Although if prima facie alligations don’t seem to be true and is not supported by medical records, then in such cases anticipatory bail is usually granted.

Q: Divorce during pregnancy in india what to do ?

I want to get divorce on mutual consent. I m six months pregnent right now. can you get divorce while pregnant ? I m hindu.

Advocate Naman Gupta answered
U can file a mutual divorce suit in court even if u are pregnant. For mutual divorce both husband and wife need to give there concent for divorce. For better suggestions and help i need to understand complete facts of the case.

Q: CHEQUE BOUNCED - drawers signature to operate account not received

Dear Sir I have deposited a cheque and cheque returned with the reason 'draws sign_auth to operate A account not received' Sir please clear me what is the meaning of this and Can I file a case u/s 138 against this bounced cheque. I have deposited another cheque that is returned with the reason SIGNATURES DIFFERS.... Can I file the case u/s 138 for this cheques ?

Advocate Naman Gupta answered
In your case first and foremost, you must send a legal notice to the person who issued the cheque i.e. Drawer of cheque, within 30 days from receipt of information. Further after that a petition under section 138 NI Act will be filed. And yes the case will be maintainable.

Q: Can a brahmin girl marry a sc boy ?

A brahmin girl marry with a SC boy. What should do brahmin family. That's got totally disturbed. what is the inter caste marriage law in india ?

Advocate Naman Gupta answered
In case both the girl and boy are major, then in that case their marriage is valid, if done with the free consent of both. But in case either of them are minor and not eligible for marriage, then it is a different case.