Advocate Neha Gupta

Questions Answered by Advocate Neha Gupta (100+ answers)

Q: Need a honest lawyer - forgery, fraud threats. Kurukshetra/High court

Need a honest lawyer - forgery, fraud threats. Kurukshetra/High court. Honesty is first priority. Experience in financial fraud including forgery. If multiple people are impacted by the fraud then can high court take suo moto, what’s the criteria? I need copy of three running civil cases where I am not a party. Please contact me if you can help?

Advocate Neha Gupta answered
Thank you for your query. I am an advocate with experience in criminal law, including financial fraud and forgery matters, and I understand that honesty is your first priority.1. Forgery and fraud threats: If forged documents are being used against you or you are receiving threats, you can file a complaint at the police station or before the Magistrate under Sections 318 (cheating), 336 and 338 (forgery) and 351 (criminal intimidation) of the Bharatiya Nyaya Sanhita, 2023. Preserve all documents, messages, call recordings and bank records as evidence.2. Suo motu by the High Court: There is no fixed statutory criteria. The High Court may take suo motu cognizance under Article 226 of the Constitution or its inherent powers when a matter involves a large public interest, many victims, a serious systemic failure, or a failure of the investigating agencies. Usually it acts on a letter petition or news report, but a Public Interest Litigation (PIL) filed by you is the more practical route when many people are affected.3. Copies of civil cases where you are not a party: You may apply for certified copies from the concerned court under the court's copying rules, since court records are generally public. Orders and case status can also be checked on the eCourts portal. Access to the full case file may be restricted if the court finds a valid reason.

Q: LPA PENDING IN P&H HIGH COURT SINCE 2012

A PETITION WAS FILED IN HIGH COURT CHD BY EMPLOYEES AGAINST DENIAL OF 5TH PAY RECOMMENDATIONS TO ONE OF THE HARYANA CORPORATION. THE RECOMMENDATIONS WERE IMPLEMENTED TO OTHER HARYANA EMPLOYEES. PETITIONER'S SUCCEEDED IN SINGLE BENCH DECISION. GOVT FILED LPA IN 2012 AND MATTER REMAINS PENDING FOR MORE THAN 14 YEARS. ALL BECAME SENIOR CITIZENS AGE 70-80, SOME DIED. I MADE A PERSONAL REQUEST TO CJI & R. GENERAL S COURT FOR ABNORMAL DELAY & PRIORITY LISTING. CAN I EXPECT DIRECTIONS TO HC BY SC IN IT

Advocate Neha Gupta answered
A mere personal letter or representation to the Hon'ble CJI's secretariat or the Registrar General does not, by itself, result in a judicial direction to the High Court — such requests are usually only forwarded administratively and rarely produce a binding order. To get an enforceable outcome, consider this route:Priority/early hearing application before the same High Court: File a formal application in the pending LPA before the Registrar (Judicial), citing the 14-year pendency, the advanced age of the petitioners (70–80 years), and the deaths of some parties, seeking out-of-turn/priority listing before the Division Bench.If this does n³ot work, a writ under Article 32 before the Supreme Court, citing the right to speedy justice under Article 21 (relying on judgments like Anita Kushwaha v. Pushap Sudan)⁷, seeking a specific direction to the High Court to dispose of the LPA within a fixed time, remains the last resort.

Q: Regarding Regularization Policy 2014

I am posted as a Data Entry Operator in HVPNL through Hartron Workstation Gurugram in a Government Department. However, the department did not regularise my services according to the 2014 regularisation policy. The department states that they had filed a case in the High Court, the decision for which came in May 2026. In its decision, the Court wrote - Needless to say, if case of the petitioners is considered favourably, they would be entitled to the same relief as has been extended to the pe

Advocate Neha Gupta answered
Obtain a certified copy of the High Court's May 2026 judgment and identify the exact relief granted to the petitioners.File a detailed representation before the concerned department/HVPNL, citing the judgment and requesting extension of the same relief to similarly placed employees like yourself, under the 2014 regularisation policy.If the department rejects or fails to respond within a reasonable time (usually 8-12 weeks), you may file a separate writ petition before the High Court seeking a direction to extend the same benefit, relying on the earlier judgment as a precedent.

Q: Mentally violence by Wife to Husband and his family.

This is to inform you that my brother got married in year 2022 (July Month) since then my (Bhabhi) wants to get away my mother and my sister and knowingly created very mentally disturbance situation. My mother is so much stressed since she came in the house. My Bhabhi always uses to say I will not go anywhere but I will not let them live happily and does not want see them living here.

Advocate Neha Gupta answered
I would mention the Domestic Violence Act, Senior Citizens Act, and criminal/civil remedies, but only sections that can actually become applicable depending upon the facts.1. On the facts stated, the mother, if subjected to physical, verbal, emotional or economic abuse, threats, intimidation or harassment, may examine remedies under the Protection of Women from Domestic Violence Act, 2005. Section 3 defines domestic violence and Section 12 provides for an application before the Magistrate. 2. Depending upon the circumstances, reliefs under Sections 17, 18, 19, 20, 22 and 23 may be sought, including protection, residence-related relief, monetary relief, compensation and interim/ex-parte orders. 3. If the mother is 60 years or above, remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 may additionally be examined, particularly Sections 4 and 5 regarding maintenance and Sections 22–23 concerning protection of life/property and transfer of property in specified circumstances. The Act recognises property broadly and provides statutory protection to senior citizens. 4. If there are specific acts such as criminal intimidation, assault, voluntarily causing hurt, wrongful restraint, trespass/house-trespass or damage to property, appropriate provisions of the Bharatiya Nyaya Sanhita, 2023 may also be attracted, depending upon the evidence and exact allegations. For example, Section 329 deals with criminal trespass and house-trespass. 5. A detailed complaint should therefore record each incident separately, with dates, witnesses and documentary/electronic evidence, before choosing the appropriate proceedings.

Q: Legal process to end a family relationship

मैं इस रिश्ते से अलग होना चाहती हूँ और मुझे संपत्ति या किसी तरह का हिस्सा नहीं चाहिए। कृपया बताएं कि इस रिश्ते से कानूनी रूप से अलग होने के लिए मुझे क्या प्रक्रिया अपनानी होगी और कौन-कौन से दस्तावेज़ या कानूनी कदम आवश्यक होंगे।

Advocate Neha Gupta answered
यदि पति भी अलग होने के लिए सहमत हैं, तो आपसी सहमति से तलाक (Mutual Consent Divorce – हिंदू विवाह अधिनियम धारा 13B, या संबंधित पर्सनल लॉ) का रास्ता सबसे सरल है।पारिवारिक न्यायालय में दोनों पक्ष मिलकर एक संयुक्त याचिका दायर करें।पहली सुनवाई में न्यायालय सहमति दर्ज करेगा, इसके बाद सामान्यतः 6 महीने की कूलिंग-ऑफ अवधि होती है (कुछ परिस्थितियों में माफ की जा सकती है)।दूसरी सुनवाई में दोनों पक्ष पुनः सहमति की पुष्टि करेंगे, जिसके बाद न्यायालय तलाक की डिक्री जारी करता है।आवश्यक दस्तावेज़: विवाह प्रमाण पत्र, पहचान प्रमाण, पते का प्रमाण, विवाह की फोटो, अलग रहने का प्रमाण (यदि लागू हो)।एक Memorandum of Settlement तैयार करना जरूरी है, जिसमें स्पष्ट रूप से लिखा हो कि आप संपत्ति या भरण-पोषण का दावा नहीं कर रहीं — इससे भविष्य में विवाद नहीं होगा।अगर पति सहमत नहीं होते, तो क्रूरता, परित्याग जैसे आधारों पर विवादित (contested) तलाक याचिका दायर करनी होगी, जो अधिक समय लेने वाली प्रक्रिया है।सुझाव: एक फैमिली लॉ वकील नियुक्त करें ताकि सेटलमेंट डीड सही ढंग से तैयार हो और आपके अधिकार सुरक्षित रहें।