Advocate Shivangini Gupta

Questions Answered by Advocate Shivangini Gupta

Q: Claim Child Custody From Inlaws

My wife is not living with me due to certain disputes pertaining to her job. She has left my son with her parents nd currently on job in South India. I want the custody of my son. My in-laws are not allowing to give the custody. Son is 1 years 10month old

Advocate Shivangini Gupta answered
hiyou need to hire a lawyer and file an application before the court claiming custody of the child. it is filed before the principal judge of your district court.you need to also state in the application valid reasons as to why do you want the custody of the child

Q: Recover advance payment given to institution

Actually i joined a institute where the demo class is good but the first class i have taken os not even to satisfactory level I have given whole payment in advance& i am unwilling take classes bcoz they are not going according to there given brochureThere are 3 part in module 1 after one class they shifted part2 and have not completed all topic of part oneThey have also taken my sign on T&C in which there is clause of payment understandableSo help me with some solution

Advocate Shivangini Gupta answered
hiyou need to first send a legal notice to the institute and ask them to pay the amount back to you for the deficiency in the way they are teaching. also you should do the needful above immediately so that there is no delay in the matter.

Q: Wrong Disposal Of 151 CPC By Family Judge

In my HMA 24 matter in family court, I filed 1 written argument and 1 application of 151 CPC (seeking document and evidence) and 1 application of perjury. Judge did not took any submission on record by noting in daily order sheet. Despite oral pleas, it is not done. Then judge disposed hma24 application itself (I appealed now against it). Then on next date in lower court, now judge took notice of 151 CPC and recorded on order and immediately disposed off it (application taken on order and same be considered disposed off) and listed perjury for next date. I am aggrieved that judge violated procedures. The appeal I filed has one ground of pending application but one of them is disposed without any reason or merit or justification. So, What can I do further. ???? Also can I file an application in high court for purpose of restoration of 151 CPC. ??? Also By doing this , will HMA24 shall get remand back also ???

Advocate Shivangini Gupta answered
you need to challenge the Order before the High Court. it is a settled law than a judge cannot pass a job speaking order or an order without reasons. there for you should move to high court immediately. yes the court may remand back section 24 Application under the HMAplease contact me for further details thank you

Q: Can a minor male above 16 legally stay with lawful guardian friends or neighbor's without parental c

Can a minor male above 16 legally stay with lawful guardian friends or neighbor's without parental consent if parents are physically and mentally abusive ?

Advocate Shivangini Gupta answered
yes the child can live with lawful guardian bit not relative and friends. if you want the child to stay with you, you should move an application for title of guardianship before the appropriate Court. whereby the Court will appoint the lawful guardian thank you you can contact me for further details.

Q: Mother's property after death - jointly hold property

My mother and father bought a joint property on their name in which share is not disclosed separately. I have on sister. I want to know who will be owner of property after the death of mother. Does it make any difference if share is mentioned separately.

Advocate Shivangini Gupta answered
if the share is not mentioned it means 50-50. after the death of you mother and if your father is alive and there is no will of your mother then the heirs to the property will be your father sister and you. if both the mother and father die without a will then the you and your sister will have equal share in the property.you may contact me for further details.thank you