Advocate Shilpi Gupta

Questions Answered by Advocate Shilpi Gupta

Q: Can a widow women ask for maintenance from in-laws

hello sir, My question is can a widow women ask for maintenance yearly or monthly from his in laws or not for herself and children, in both way money or in property wise. thanks you.

Advocate Shilpi Gupta answered
Yes the widow can ask for the maintenance from in laws and can even file and application under section 125 of criminal procedure code and can also move an application under section section 24 Hindu marriage act

Q: how to get divorce within 1 year of marriage

I got married on 8-5-2016 & we want to go for divorce now. What is the fastest way to get divorce?

Advocate Shilpi Gupta answered
If both the parties are mutually agreed then you can file under section 13 b or u can file for divorce under section 13(1) of Hindu marriage act. And u can even lodge a criminal complaint against your husband and in laws if they are cruel to u

Q: Can statement under 164 taken back for IPC376 if victim wants to do so

woman filed rape case against a man, IPC 376 has been charged by police in FIR. And woman also given statement under 164. In medical examination nothing observed like rape. But now man got high court arresting stay. High court said that man cannot be arrested until IO have credible evidence against that man. Now woman wants to take back FIR lodged by her as she changed her mind. She also filed application with affidavit to SP that she have lodged FIR due to influence of some people and now i want to take it back. Now how can that FIR can be dismissed? or what is next procedure so i(man) can be saved from this.

Advocate Shilpi Gupta answered
you can go to the high court for the compounding of the offence and state on affidavit before the high court that the allegations were made due to the influence of someone and now she wants to withdraw the case.THere is an order of Hon'ble High Court Lucknow bench in which it has quashed the F.I.R . there is also a judgment of Hon'ble Supreme court i.e gian singh and that also it has provided that on what grounds the F.I.R can be quashed.

Q: Remedy if charges are put upon for kidnapping after a long time?

I am a woman of age 40 I was arrested last year with the charge of kidnapping of a girl whom my son love and got married with the will of both of them and left the home and girl's family arrested me for that now I got bail but again they are filing charge sheet. What should I do?

Advocate Shilpi Gupta answered
As they both are adult and they have married with each other.so now you can move to high court for chargesheet quashing and get the f. I. R quashed and alsorequest the court for providing the protection to your son and daughter in law.