Advocate Naman Gupta

Questions Answered by Advocate Naman Gupta

Q: Rape on false promises of marriage

Agar koi divorce 376,506&509 ipc lagati he on promise of marriage after 4 year of incident .Court me case running he fir vi Lady jabdasti ladke ke ghar me ghus ke jabadsati relationship banane ko bolti he kapde khol leti he..ladke ne sare incident phone me audio record kar liya he..ky ye proof sufficient he ladke ko case me jitne ke lye..court ish act ko serious legi...

Advocate Naman Gupta answered
Although from your query, the facts are not very clear however I must tell you that Court will take very seriously the evidence available with you I.e. recording and the Court will also appreciate the evidence.

Q: Short tempered wife with uncontrolled anger issues.

My wife is has become very short tempered and have uncontrolled anger issues. She is very over possessive and wants me to stay with her 24*7. I go to office and come back without having any sort of social life at all. She has issue of me meeting or even talking over phone with my friends or any of my relative. She forced me to live separately and now I am in deep financial crises as I had to take loan to buy a home for us. Now she has made my life hell and till the time I stay quite and doesn't oppose and keep helping her in her daily household work, she is fine. Despite of being tired from office she sometimes asks me to do household work. I am in deep trouble now. I have a daughter also of 1.5 years whose custody I want so that she doesn't become same like her. Please help me. I have some recordings of conversation with her also where she is shouting and speaking ill with me.

Advocate Naman Gupta answered
You can not take the custody of your daughter as of now as the mother of the natural guardian of the daughter. I would suggest that you must take counselling sessions from some expert if in case you are not willing to get separated.

Q: Difference between Investigation and Inquiry

What is the difference between Investigation and Inquiry?

Advocate Naman Gupta answered
The object of investigation is to collect the evidence related to the case, whereas the object of inquiry is to determine the truth or falsity of certain facts related to the offence, in order to take a further step.

Q: Child custody- 3 yr old son- adultry

My cousin sister and her husband had a fight when he came to know that she had an extra marital affair. Her husband got 3-4 whtsapp photos of hers. He made her to out of the house at night in mid july 2021 and took 3 yrs old son with him. They got married in year 2016.I had a word with my sister. She said that her husband n his family was giving mental and physical torture to her since 5 years. She also said that due to mental stress and daily fight lead to her miscarriage 4 yrs back.She confirmed that due to all these stuffs she came in contact with her boy friend and use to feel relax from all these pain. She said that now she is not in touch with her boyfriend past 2 months. Her only wish to have her 3 yr old son. Can she get the child custody? She is working

Advocate Naman Gupta answered
Yes, she can claim the custody of her child. It is important to know that as per law, mother is considered to be the natural guardian of the child to the age of 5 years and therefore the child must remain in custody of the mother. Also extra marital affair will not attract any criminal obligation against her but the husband will definitely have some civil remedies in his favour.

Q: mutual consent divorce but the marriage is not registered?

one of my freind is married to a Christian women and the marriage was done in a banquet without any cathalic rituals and the marriage is not even registered. can he file for a divorce as now his wife is a UK citizen

Advocate Naman Gupta answered
Yes your friend can file divorce. It is immaterial the the marriage was registered or not. Registration of marriage is a proof of marriage and as per law the marriage of required to be registered but non registration of marriage doesn’t make the marriage nullified. So, for dissolution of marriage, you need to take divorce from Court of law.