Advocate Nikhil Gupta

Questions Answered by Advocate Nikhil Gupta (50+ answers)

Q: Is it compulsory to submit medical test for ipc 377

Husband did anal sex with wife and left her filed for a divorce saying she had relationship with other person before marriage. He left her within 10 days of marriage case in court for dowry .now after 10 months of anal sex she get problem facing piles n dr said that it is due to unnatural sex.so after its a long time approx 14 months of marriage it is possible to go with complaint sec377. Do we need to hv medical test for ipc 377 ?

Advocate Nikhil Gupta answered
Yes. . Even after more than an year after marriage wife can file a complaint against her husband if he ever forced her for doing something unnatural. Medical prescriptions/report would be an advantage if the same would be attached with the complaint. But even if medical reports are not available that too will not weaken the complaint.

Q: How to release vehicle from police station after road accident ?

My friend have taken my car for going somewhere . On the way fatal accident have taken place. He expired on the way to hospital. Insurance of the car has expired. I am the first owner of the car and I have RC of the car on my name. How to release vehicle from police custody? Give detail procedure

Advocate Nikhil Gupta answered
The car will release on superdari by the concerned court to its true owner. For this you have to file an application before the court and get an no objection from the concerned police station where the case has been lodged.

Q: How can a person go abroad if he has a police case?

I am 23 years old and have a great opportunity abroad that I need to join in a week. However, I am currently involved in a criminal case in India, despite having done nothing wrong. I was simply with my friends when someone filed a case against me and my two friends. I am currently out on bail. Can I travel abroad while my criminal case is pending? This opportunity is a golden one for me, and I don't want to lose it. What steps should I take to ensure I can go abroad?

Can a person who is undergoing a criminal case in an Indian court go abroad for a job?

Advocate Nikhil Gupta answered
No, you cannot skip court hearings as it is mandatory for you to be present in court on every scheduled date, unless the court allows you to be excused. If you need to be excused, you can apply for permanent exemption from attending the court. However, it is up to the court to decide whether to grant your request.

Even if the court grants an exemption, you will still need to appear in court whenever the court feels your presence is necessary for the case. If you continue to avoid appearing in court, the court may issue an arrest warrant against you, and you could be declared a Proclaimed Offender.

Q: My wife some behavioural issues

My wife has anger and ego issues. So i separated myself from her then she is filling complains against me in thanas. I need help. Please give time

Advocate Nikhil Gupta answered
First share the complete details of the complaints she had file against you in Police Station. In the meantime start collecting evidences regarding her rude behaviour against you and your family members. Only then one can help you in solving your problem

Q: Kya M Delhi M Bina Delhi K Address K Dv Act File Kar Sakti Hu

Delhi ka koi address proof nhi h sirf sasural ka ghr hi h Delhi m aur us address ka mere pas voter id card h lekin m ab Haryana m rah rahi hu but Delhi govt .m employee hu to kya m Delhi k kisi court m DV Act file kar sakti hu ya nhi?

Advocate Nikhil Gupta answered
Yes, you can file complaint under the provisions of D.V. Act at Delhi by mentioning that you are currently working in Delhi and your correspondence address also. You can file an affidavit in this regard alongwith the complaint.