Advocate Pallav Gupta

Questions Answered by Advocate Pallav Gupta (25+ answers)

Q: Found Photos of Wife with a Man Online on a Website

I recently found photos of my wife hugging and kissing some guy on internet with very offensive and derogatory remarks about her. I was thinking of using them in court cases against me. But the photos have been deleted since then. Is it advisable for me to use those photos in court alleging adultery along with the screenshot of the post with highly derogatory remarks against her. I don't know who has posted them or their genuineness. Will it help me in anyway or instead her in getting sympathy.

Advocate Pallav Gupta answered
It can certainly help you if you just use the pictures. You can seek divorce on grounds of adultery. While sympathy and sharing indecent pictures could be an issue but once the court allows it will certainly help your case.

Q: Quick relief, followed by a permanent alimony 125Crpc due to DV

My mother (50) has been facing domestic violence in the form of psychological abuse; physical threats, snatching and verbal abuse by my sister (26). My father ( Old case filed ) had a past of Dv ( Availing Medical Documents for proof ). My sister is being used as a proxy by my father to abuse my mother even more. My mother is non earning. Multiple complaints has been done for my sister in DCW, and an open file at the police station as well. What are my options?

Advocate Pallav Gupta answered
You can proceed for filing domestic violence case in court. It will help you obtaining some restraining orders against your sister. You can also approach the court challenging the non-action of police officials on your complaints.

Q: Compromise in sessions Court case

Wife filed 498a, 313 and the case is pending before sessions Court. Now both parties reached settlement such that cases be withdrawn. Can this case be withdrawn in sessions Court based on compromise. Will judge accept that settlement deed. If so what would be the procedure

Advocate Pallav Gupta answered
No these cases cannot be withdrawn from Sessions court. You need to move for quashing of the FIR before High Court since these offences are not compoundable i.e. cannot be withdrawn from the lower courts on the basis of settlement only. For High Court the accused side will be the petitioner side and the complainant (your wife) will give her no objection in the form of affidavit.

Q: my divorce case is in progress and she has filled a FIR against me

my divorce case is in progress and she has filled a FIR against me and my family member under 498 A/ /406/323/34IPC, chargesheet has been filed . however, all claims are false, she even didnt stay with my family and i never ask for dowery , she dosent have any proof. how and where i can quest the FIR. guide me.

Advocate Pallav Gupta answered
One- You can defend the FIR itself in the trial court and argue for discharge. Usually the courts are not inclined to quash unless there are some major points of dischargeTwo- You can seek quashing of FIR from the High Court and also pray for stay of proceedings arising out of this FIR. Three- you can challenge the order on charge or summoning order before the sessions court.

Q: PRE COGNIZANCE notice Related issue

Hi,I have received a pre cognizance notice from 17th Judicial Magistrate, court Calcutta. Should I appear in court or I can get the loan settled from hear and now.

Advocate Pallav Gupta answered
You can ideally do bothPre cognizance stage is not a stage which can affect your rights. Although if there's something inherently illegal then you can argue at this precognizance stage. And simultaneously you can talk to the bank for settlement.