Advocate R.K. Gupta

Questions Answered by Advocate R.K. Gupta

Q: What to do as a man my affair partner is blackmailing me ?

I was in relationship with a married woman. I am also married. She demanded money and told me that I will always attached with you. I paid her money whatever she demanded. But she left me after getting money. what can i do when an extramarital affair turns into blackmail ?,Can i lodge any F.I.R. against her.

Advocate R.K. Gupta answered
You both were married but made wrong relationship with wrong intention.When she started to demand money and blackmailed you ,you should have informed to police. I don't think that you will get remady.Because she may file also a complaint against you with many allegations

Q: Can wife file a domestic violence case if living separately for a year, what is domestic violence ca

We are separated for more than one year how strong is the position of wife to file a case against me on grounds of domestic violence I m ready to bring her home back but she is asking for written commitment on paper what should I do, what is time frame to file dv case after physical separation ?

Advocate R.K. Gupta answered
As per your question : if you will not give divorce then she may file 498a case with you and your family member and also file Domestic violence Act , D.P 3 & 4 act ,r/w 34 ipc , it is better that her conduct and character is not good , you insist her to take Khula and you make MOU binding her not to file any criminal case and domestic violence case and maintenance case against you and your family and you proceed with the khula Mou is important you can show if at all she file the criminal cases against you in future . in MOU you take the witnesses of your father in Law with thumb impression

Q: how to divorce my wife ? i want divorce from my wife

Actually my wife is characterless. So i want divorce from my wife .. how to divorce my wife? Please advise me...

Advocate R.K. Gupta answered
collect evidence to prove allegation before the honorable court..Besides if she is in working/job collect her income proof. On this basis you may get divorce and possibly not giving maintenance amount .

Q: A False FIR has been lodged against us in SC/ST Atrocities Act

A False FIR lodged against us under SC/ST Atrocities Act.W e have all proof that FIR is false. Police lodged FIR against us in which NCR already lodged we have 13 Witnesses of incident place but DSP helping complainant and arrest one person in the case Now report is made which is in our favour Please provide us with some ways to get out of this FIR and please give some information how much cost approx will charge for appealing in High Court under 482 crpc and whether it is effective or not Thank you Sir

Advocate R.K. Gupta answered
Police will present challan on the basis of FIR against accused before the honourable court where accused will have to take bail .If accused person has strong evidence to prove himself innocence he should move to HC for quashing FIR.If you belong to Indore you may contact me for rest process.

Q: Brother-in-law's fiance filed a false dowry case against the brother

I lives in hyderabad along-with my wife. My wife is native of bhopal. My brother in law marriage broken 5 days before the schedule date (scheduled at bhopal) due to differences with his would be wife. To take avenge of this, girl side party filed a false dowry FIR naming my brother in law, his mother, his father and his sister i.e. my wife, there was not any money transaction in this marriage. How serious is this case.

Advocate R.K. Gupta answered
No need to worry. As per Supreme court ruling, u/s 498A .police can't arrest on FIR basis only. very first police will take it under investigation and if it is found false complaint then they will not proceed the same. In this case, you can file a case of defamation against the girl and her side supporting peoples