Advocate Pallav Gupta

Questions Answered by Advocate Pallav Gupta

Q: IS NI ACT SEC 138 DECRIMINALIZED

IS NI ACT SEC 138 DECRIMINALIZED Is there any update regarding the same please help me out with same

Advocate Pallav Gupta answered
No Section 138 NI Act has not been decriminalised. The said section is still operative. There was an amendment which was supposed to be introduced in the Parliament but there has been no news beyond that. Also, it is highly unlikely that it is going to be decriminalised since most of the drawers / debtors would shy away from their responsibility for the payment of the amount.

Q: What Meaning Of This Direction Of Supreme Court Of India

We, however, observe that in event the petitioner surrenders within two weeks from today and file an application for regular bail, the same shall be considered expeditiously.

Advocate Pallav Gupta answered
HiThis order means that the Supreme Court has observed that in case you are surrendering to the investigating agency within two weeks from the date of the order, you can file a regular bail application and your regular bail application will be heard expeditiously. Expeditiously means that they will hear it swiftly and decide it as soon as possible.

Q: How to initiate divorce from my husband, we are both Hindus

I got married in December 2017 (love marriage) We were in five years relationship before marriage. We are not compatible, he has depression and has mentally and physically abused me numerous times. I want a divorce. My husband has said he will not object if I want to divorce. We have been living separately since July 2019, me in Delhi (with my parents) and him in Pune (where he is working since last 4 years). I'm working, I don't want any financial support from him. We are both Hindus. We have no kids. How and when should I initiate the proceedings? Do I need to wait a year.

Advocate Pallav Gupta answered
HiYou are not specifically required to wait for an year to begin the divorce proceedings. Since it has already been almost 2 years you both are married. So if you want to initiate divorce proceedings you can begin the same as we can show your separation from your husband since more than an year. Before filing for mutual divorce, it is necessary for the husband and wife to live separately for an year. Otherwise, if you want some time to think about it you can or else you can proceed for the same right away. For further queries feel free to contact.

Q: case status shows DISPOSED, what does it means?

Case status shows 'FOR ADMISSION' for last three consecutive date, but in fourth announcement shows 'DISPOSED'.what does it mean?

Advocate Pallav Gupta answered
HiIt means that your case has been decided at this stage. It could be that the court has not admitted your case due to some maintainability issue. You should check the order from the website itself and if the order is not available on the website, move an inspection application before the court or apply for certified copy of the order.

Q: Needed a divorce without giving any alimony

I am a hindu married man with a kid and having an affair with an unmarried woman. I want to divorce my wife. Can you plz help on what basis i should give her divorce ? About wife, she's a house wife. Will i able to divorce her without any alimony.? And morever i want to take child's custody.

Advocate Pallav Gupta answered
HiIt would be very difficult to get out of marriage without getting alimony, since you are wife doesn't seem to be working. Even if she is qualified then also you are bound maintain her which you have been doing. All you can be assured of is if the child is attached to you and not less than 3 years, you might have a good case of keeping the custody. Would be in a better position to advice if I could understand the other facts about your income, your wife's qualifications, your son's age and his education etc.Thanks