Advocate Shakun Gosain

Questions Answered by Advocate Shakun Gosain (25+ answers)

Q: maintenance to divorcee wife and to the child form 1st wife

As per Hindu law what if the father is handicap and is not able to pay the maintenance to the 1st child for divorcee wife and ahs other obligations towards to current family like girl child old mother and mentally unfit sister

Advocate Shakun Gosain answered
Yes. Under Hindu law, the father’s disability, limited earning capacity, and existing obligations toward his minor daughter, aged mother, and mentally unfit sister can be considered by the Court while determining the quantum of maintenance.However, if the first child is a minor, the child’s right to maintenance generally continues. The father can seek reduction/fixation of a reasonable amount based on his actual financial capacity and genuine liabilities.He should produce disability records, income proof, medical expenses, and proof of dependants before the Court.

Q: How to open defence evidence in pocso rape cade

Can I open the defence evidence stage as I didn't get the chance for defence evidence before the session court. Earlier it was rejected by session court. Can I request in high court do reopen the defence evidence. Case is pocso 6 rape.

Advocate Shakun Gosain answered
Yes. You can approach the High Court seeking reopening of the defence evidence stage, even if the Sessions Court has rejected the earlier application.The petition can rely on Section 311 CrPC / corresponding Section 348 BNSS, along with the right to a fair trial under Article 21. However, you must show a genuine reason why the defence evidence could not be led earlier and explain the materiality of the proposed evidence.Since it is a POCSO Section 6 case, the High Court will scrutinise the request strictly, particularly if recalling the child victim is sought.

Q: Judgement question POCSO 6 and 376

1.Can the accused be immediately arrested at the time of judgement? or will he get some time to surrender in court ?2. Can accused get conviction order at the same time?3. Can accused apply bail in High court from Jail also?4. How he can get urgent bail from high court from the wrong conviction? 5. how much time highcourt will take to grant the bail?

Advocate Shakun Gosain answered
Arrest at the time of judgment: If the accused is convicted and sentenced to imprisonment, the Court can take him into custody immediately. However, if he is already on bail and the sentence is up to 3 years, the trial court can grant him bail for sufficient time to file an appeal, subject to Section 430(3) BNSS. �Cytrain +1Conviction and sentence: Yes. The Court can pronounce the conviction and sentence on the same day. Depending on the case, the court may pronounce the judgment of conviction first and then hear the accused on the question of sentence.Bail from High Court while in jail: Yes. After conviction, the accused can file an appeal and an application for suspension of sentence and bail under Section 430 BNSS before the appellate court/High Court, even if he is in custody. �BPRD +1Urgent bail against an allegedly wrong conviction: The proper remedy is to file the criminal appeal along with an application for suspension of sentence/bail, highlighting serious errors in appreciation of evidence, legal defects, contradictions, lack of ingredients of the offence, etc. The High Court does not ordinarily grant bail merely because the accused says the conviction is wrong; the appeal grounds must demonstrate a strong/arguable case. Recent courts have emphasized this approach. �Indian Kanoon +1How quickly can High Court grant bail? There is no fixed statutory time limit. In an urgent matter, an application for suspension of sentence/interim bail can be moved urgently, but the actual time depends on the High Court, nature of offence, sentence, custody status, notice to the State/PP, and availability of the court. For offences punishable with death, life imprisonment, or 10 years or more, the Public Prosecutor must be given an opportunity to oppose release. �

Q: conspiracy complain against me and my ex by his wife and family

maine mere ex ki wife ko gusse m ye keh diya tha ki "uske pati ne mujhe ye bola tha ki main usko kahin ghumane le jaunga or dhakka de dunga jab maine bola ki ye kya bol rhe ho he said mazak kr rha hu" ye puri statement mentioned thi now uski biwi ne ye complaint ki hai ki ye dono milkr marne ka plan kr rhe the n maybe un logo k pas iska voice recording ho.what can I do now should I accept ki maine ye gusse m bola tha coz he cheated on me that time syng meri shadi prnts ki marzi se ho rhi meri nh

Advocate Shakun Gosain answered
koi contradictory statement, admission ya explanation WhatsApp/call par na de. Police complaint/FIR hui hai to lawyer ke through response dein, aur original chats/call records/other evidence preserve karein jo context dikhata ho ki baat gusse/argument mein kahi gayi thi aur actual intention nahi thi.

Q: Posting a minors photos without permission from parent

Hi, my sister-in-law keeps posting my child’s photos on social media. He is a minor (age 4). I’ve repeatedly asked her not to do this. She keeps doing it. Is there anything I can do legally to stop this?

Advocate Shakun Gosain answered
you can explore appropriate injunctive relief from the court and other remedies depending on the circumstances, including whether the posts are harmful, defamatory, commercial, or otherwise infringe the child’s privacy.