Advocate Neha Gupta

Questions Answered by Advocate Neha Gupta

Q: Power of attorney query for mutual divorce final hearing

The first hearing for my mutual divorce has been completed, & second/final hearing is scheduled for March. My husband is abroad & has given his father power of attorney to represent him at both hearings. My case is registered in a Haryana. Meanwhile, I will be moving to Bangalore for my new job & will not be able to take leave due to the new job policy. Is it possible for me to give my father power of attorney for signing the final documents ? or do I have to be mandatorily present in person?

Advocate Neha Gupta answered
I think as per your facts and circumstances you will need to be present in court for expeditious disposal of your case. it's not a joke. court verify everything. so my advice is you should be present at your hearing.

Q: Recovery of pending loaned money

I have given 10 Lakh rupees to one of my childhood friend and his father with a promise of 1.7 percent monthly interest and they suppose to return the money within 6 month. It has been now almost 3.5 year and they are not returning any money. I don't have any wrriten agreement as well. Oy proof i have is few calls record and whatsapp message and all the money were transferred from Bank to bank. What can i do now ?

Advocate Neha Gupta answered
well time period is 3 years for recovery of money. however in your case of you have any acknowledgement of their liability. your time period to file suit may get extended in your favour. like in whatsapp messages of you have proof of transaction with their number showing up. so it depends on overall facts. u can contact me.

Q: Police not taken any action and not filed FIR

Hi, I lodged a complaint in police station about 10 months ago against my wife because she hit my mother. After seeing my complaint, my wife filed a false complaint putting false allegations on me and my family for dowry and harrassment which never took place. Since then, police hasn't taken any action on my complaint. I want to know what actions can I take to file the FIR. Should I file complaint to DCP or CP first. How soon can FIR be filed & what are the possibilities of success in doing so

Advocate Neha Gupta answered
good success. u should have evidence some proof, file complaint to Sp, then take a copy of complaint and file complaint to court of magistrate concerned.. your mother can also file domestic violence. criminal complaint against her.

Q: Police had denied filing the FIR for a cognizable offence

Police is not taking a FIR for a cognizable offence from the road accident that happened past 3months ago. I want am seeking for justice for myself as I was brutally beaten and have a significant damage from the accident. From the accident my left ear drum was ruptured and is still in the recovery phase and there seeking a medical aid from last 3months now. There has been no action from the police against the case and I have been waiting for any action

Advocate Neha Gupta answered
hi, you can complain to police officer or you have copy. file complaint to sp. then you can file complaint to the magistrate also for issue of process against accused,be strong there is always a relief for genuine cause of action, for further assistance you can contact me.

Q: False sc/st act FIR under section 3(2)(va)

1-Can I apply for Quashing of the false FIR ?2- Can I get bail under the sections mentioned above.

Advocate Neha Gupta answered
well u have to state the facts . quashing is not as easy as one think, for proper decision that depends on facts and circumstances of case alleged. prima facie or now. u have to tell the details after reading only through evidence it can be known. bail is possible, again overall facts to be considered.