Advocate Shikha Gupta

Questions Answered by Advocate Shikha Gupta

Q: Marriage between Indian and foreigner

Can I get married to a foreigner who is on a student visa in India?

Advocate Shikha Gupta answered
yes you can marry with each other. and u can register your marriage also. court marriage and registration. and have to take permission from ur embassy also. they gave u No Objection certificate and thn u can marry

Q: windowed Daughter in law not leaving house

My son has passed away and I am the sole owner of a self acquired property. My widowed daughter in law refuses to leave the premises. What can I do ? Can you tell me both civil and a criminal suit way to evict her.

Advocate Shikha Gupta answered
according to law you have a right to suit for evictions. and if she has a kid to ur son thn he/ she has a right in his/her father's means ur son property not in your owned property. ur daughter in law has no right in ur property

Q: Regarding bigamy as first wife got prrofs of second marriage

My friend has done second marriage without divorce from first wife as the divorce case is pending since last 2 years in family court but first wife has got the Complete cctv footage of the second marriage wihr all rituals as per hma and has filed a complaint in police station regarding his second marriageHe now wants to know is this cctv footage enough to convict him under Section 494 IPC and if yes then is there any way for him to save himself All his family members are also visible in the cctv footage of his second marriage so there might be 120-B as well

Advocate Shikha Gupta answered
yes this is quite enough that u have his second marriage cctv footage. and if you have a eye witness of his second marriage than it will help u in evidence also. and he will be punish and convict for 3 to 7 years whatever court will decide and fine also.

Q: Divorce As per hindu marriage act

My name is Anuradha .I got married in 2019 June 19 but my marriage is not registered legally and I left my husband house after 10 days of marriage because my health was in very serious condition .I was suffering from anemia due to my in-laws and husband mistake and still they pressurized me to do marriage after that house chore .ow I want divorcee because I don't trust my husband and my in-laws because they all are very cruelly behaved my they emotionally . mentally and physically hearted .ow I want divorce pls help me suggest me the way I can get divorce

Advocate Shikha Gupta answered
hello anuradha. you can take a mutual divorce if u both are ready for separation.. if he is not ready so u can contest in the court for divorce easily on the basis of domestic violence and cruelty. and u can also claim maintenance u/s 125 of crpc. he have to pay maintenance monthly.. maintenance is your expenses.

Q: REGARDING LOAN RECOVERY OF 2 LAKH GIVEN TO A FRIEND

My dad given 2 lakh rupees to one of his friend without paper work only by cash physically reaching.during that time another one friend was present as witness.the borrower persons assured that he would give one lakh as a interest with total 3 lakh in a month.but it is five month almost he does not return the money and phone is switched off when we reached to his home , the door was locked , my dad and he works in a same govt office. So how to recovery the amount. Even he is neither attending office nor picking up phone call.

Advocate Shikha Gupta answered
what about your witness.? ask him that where is he.. if witness does not know. so u can file a case against that person.. borrower..your don't have any paper Or documents.. do u have any CCTV footage of that area.. Or any call recording or any other proof.? if you r in same office so you can open his record book and you might b know his other address or native place..