Advocate Shubham Gupta

Questions Answered by Advocate Shubham Gupta

Q: Defamation and IPC 182. How to proceed on it ?

Hi my wife complaint to sp that I try to kidnep her and same day file tranfer case to high Court from my city to her city .. I was also met sp of police that matrimonial cases is going on between the party and I am ready to cooperate with police whenever Cal me but there is no Cal received by me from police .. case was targeted by high Court on first date of appearance before I reached the court.. after one week of transfer of the case wife take her complaint back and police gave findings that there is no cases is going on between the party and wife take back her complaint and we didn't find any crime... My question is that can I file a defamation case against my wife or any other criminal caze

Advocate Shubham Gupta answered
I am sorry to hear that you had to go through all this. Filing of false case(s) will amount to cruelty and hence a ground for divorce. Yes, you can file criminal case under 182 IPC and other provisions too(can't be ascertained through given facts). Case of defamation would be a weak case on your part.

Q: Recovery of money. How to proceed ?

I had given ten lakh rupees to my friend for his tuition center. 500000 by rtgs 15000 by deposit in his account 350000 by cash .he did not give my rupees. At last on he gave me a cheq of rs ten lakh with date of 31-3-2017 with written on stamp paper . Chek was bounce on 10th April .how can I get my money back.

Advocate Shubham Gupta answered
Send him a notice under 138, NI Act with immediate effect. If you fail to send him notice within 30 days then you might loose your chance to file criminal case against him.Prosecuting someone under 138 NI Act is advisable.

Q: PHONE CALLS DETAILS 2 YEARS OLD ? HOW TO GO AHEAD ?

CAN WE GET 2 YEARS OLD PH CALLS DETAILS OF OTHER PERSON.WHAT WILL BE PROCEDURE.

Advocate Shubham Gupta answered
As per law, telecoms are required to maintain it for 6 months. Getting telephone details of someone else without court's warrant is legally next to impossible. Also, remember for Landlines you will get details of outgoing calls only, for majority of service providers.

Q: Can someone please explain the concept of Divorce by mutual consent ?

We are living separately for 4months, wanted to know the procedure for mutual divorce.

Advocate Shubham Gupta answered
Separation of 1 year is necessary for divorce by mutual consent u/s 13-B of Hindu Marriage Act. (Assuming you are Hindu and your marriage is registered under HMA). Procedure is to file a joint petition before concerned DJ. Divorce will be granted after second motion i.e. after 6 months from first date (first motion).

Q: False dowry harassment case and attempt to murder case

Sir/madam, wife of my elder brother is forcing us all to leave the house and she threatens us by saying that if we do not leave she will file a false dowry harassment case and attempt to murder case plz help us plz plz

Advocate Shubham Gupta answered
Who is the owner of the house? Try recording her threats audio and video both, if possible. Best way to deal with the situation is to talk to your brother and family members of your sister in law. If it fails than remedy would depend upon the ownership of the house.