Advocate Siddharth Gupta

Questions Answered by Advocate Siddharth Gupta

Q: House owner not return security deposit

I am a army person serving in j &k. A house was taken on rent in may 2013 after entering into the agreement with the house owner. As per agreement the house was vacated by the due date by may 2015. The house owner asked for the house keys, meanwhile i asked him to return the security deposit of the house, he expressed his inability saying that he forgot to carry the cheque book and he will deposit the security amount in my bank account next day. I took him on his face value and handed over the house keys to him. Since then he is not returning the security deposit.

Advocate Siddharth Gupta answered
You can file a recovery suit against the landlord by filing the agreement along with it stating that the security deposit which you have deposited to the landlord, the landlord is not giving you back. The landlord has no right to withhold your security deposit. you have every right to take your security deposit from the landlord.

Q: Want to stop sapretion from my husband

Actually mere husband ne before marriage mera rape kiya jiski mene complaint ki thi fir unhone marriage kr li muj s jail s bachne k liye uske baad teen saal tk muje bhot torcher kiya ab wo chod k bhag gye h December s jb m unke ghr gyi to waha unhone muje btaya ki unhone illegal way mai mera fon tap kiya jise kuchh recordings s wo muje black mail KR rhe h or divorce maang rrhe h please tell me m kya KR skti hu ..... Kya court unki illegal recording krne k way p objection kregi ya mere hi against hoga kyuki unhone with out my knowing mere fon k software change kiya or meri cls record ki please

Advocate Siddharth Gupta answered
You can file a complaint against him for desertion as and blackmailing. And why did you marry him when you already filed a complaint against him for rape...? You can mention this on your complaint that our marriage took place because of his blackmailing, coercion etc. then you can file a criminal complaint against him

Q: GF threatening to commit suicide

I was in a live in relationship and my partner she cheated on me twice. We broke up now after she cheated on me again. When i said that im gonna call your parents and will them to take you back home then she is threating me that she will comitt suicide

Advocate Siddharth Gupta answered
nothing to worry in this situation. is there any promise to marry? if not then no need of taking tension. if yes then she might file a criminal complaint on you then we have to look into that. if you are living in delhi then you can come and meet me.

Q: limitation period to file a recovery case?

Suppose I had lend money to a company/ individual on 29.03.2013 and today been extactly last day for 3 years completion. I had notified concern parties on 29.02.2016 through counsel. What shall be my deadline to file petition in court for wound up and recoevery of that loan. ?

Advocate Siddharth Gupta answered
The limitation for filing suit is 3 years only. But if you have made any communication with the borrower then the last communication will be treated as your period of limitation. Or else you can file condonation of delay application with reasonable reason that why you did not file before limitation.

Q: Boy friend left after staying together in a living relationship

I was staying in live in relationship with a nigerian based guy for 2 years 6 months now all of a sudden he left without reason can I file any case against him

Advocate Siddharth Gupta answered
where were your residing with him? if in india or you are an Indian then you can file a case against him alleging under Section 376 IPC that he was living with you in live in relationship for about 2 years and left without giving any reason and we were about to marry each other.