Advocate Rishabh Gupta

Questions Answered by Advocate Rishabh Gupta (50+ answers)

Q: Domestic abuse and child custody

If a couple file for the divorce, who will get the custody of the 7 year old girl child. Husband secretly taps his wife's phone without her knowledge regularly. He every now and then hits his wife and later says he did that under depression. Claims he is depressed but never got violent at his workplace or with anyone other than his wife. The child is scared of him that if he gets angry he will hit her mother. And he threatens if you file for divorce you will have to leave the daughter with him.

Advocate Rishabh Gupta answered
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances and threats in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.And u file a maintenance under the Maintenance act 1956 case and go for child custody as much we need maintenance For more legal assistance I am just a call away.

Q: Refund For Flat Booking Amount

I paid booking amount of around 5 lacs for an under construction flat in Gurgaon. Total price of flat is around 4 crores. Only allotment letter given by builder. BBA not signed yet. I want to cancel the booking. Will I easily get the booking amount I paid? What does RERA say about this.?

Advocate Rishabh Gupta answered
RERA empowers the homebuyer to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. and if you want to consult with me you can contact me.

Q: bank is issuing 13(4) notice. court stay on it

my account has gone NPA and having outstanding amount of 51 lacs. Bank is issuing mei 13(4) notice in coming days. I am looking for stay on it and want to go for OTS settlement. but bank is not interested in OTS as property value is around 1 cr and whereas my outstanding amount is 51 lacs. pl suggest how can i get stay on this and get my OTS

Advocate Rishabh Gupta answered
yes , if you received notice under section 13(4) of the SARFAESI Act, 2002, after that you can file a securitization application under section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal for stay of possession of your property.

Q: Regarding crypto and bybit account

I did trading on Coinamamx approached by agent on telegram . Having wallet at bybit when i added withdrawal account id when capital letter pasted although account no was same . Now there exchange refused to withdraw as wrong capital alphabet and SEC is asking for 20% service charge for helping. I put all money there . I can’t pay in advance I request SEC as my 3800 is still at Coinmamax in the form of tax . Pls help how to go forward

Advocate Rishabh Gupta answered
Sir first we need to file a complaint before a cyber cell and simkintasnely we have to register the complaint nearest police. Sir then we can move for 156(3) CrPC, if have any legal queries please contact me

Q: to be punished under domestic law for marital fraud committed abroad

An Indian man concealed his marital status and had a sexual relationship for 9 months with a Korean woman in Korea under the premise of marriage. After traveling to India, the Korean woman discovered that her boyfriend was married. The man admitted all facts.1.If a criminal lawsuit is filed, does the victim need to be in India? 2. How long does it take from filing a lawsuit to receiving a prison sentence? 3. What actions can be taken if the other party is not in India and Korea?

Advocate Rishabh Gupta answered
The presence of victims is necessary in India only for the filling of FIR on later stage victim can visit India on important dates.It hardly takes a one month to file a lawsuit and get custody of that person. Sec 83 crpc can be involed