Advocate R.K. Gupta

Questions Answered by Advocate R.K. Gupta (25+ answers)

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 have been living separately for more than a year. How strong is my wife's position if she files a domestic violence case against me? I am willing to bring her back home, but she is asking for a written commitment. What should I do? Also, what is the time limit for filing a domestic violence case after physical separation?

Advocate R.K. Gupta answered
If you do not agree to divorce, your wife may file a case under Section 498A IPC against you and your family. She may also file cases under the Domestic Violence Act, Dowry Prohibition Act (Sections 3 & 4), and Section 34 IPC (common intention).

If her conduct and character are not good, it is advisable to insist on Khula (mutual divorce in Islamic law) and prepare a Memorandum of Understanding (MOU). This MOU should clearly state that she will not file any criminal or domestic violence cases, including maintenance claims, against you or your family.

The MOU is crucial as it can serve as legal proof if she tries to file cases against you in the future. Ensure that the MOU is signed with witnesses, including her father, along with thumb impressions for authenticity.

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

I suspect my wife of infidelity and want to file for divorce. How can I legally get a divorce from my wife? Please advise on the process, legal grounds, and required documents.

Advocate R.K. Gupta answered
Gather strong evidence to support your allegations in court. If your wife is employed, collect proof of her income (such as salary slips or bank statements). This evidence can strengthen your divorce case and may help you avoid paying maintenance.

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