Advocate Ujjwal Jain

Questions Answered by Advocate Ujjwal Jain (200+ answers)

Q: Can a guarantor withdraw his guarantee ?

Sir, I want to withdraw from being a guarantor for my husband since he is physically mentally torturing me and my baby. He is on bail now. how to withdraw from being a guarantor in india ?

Advocate Ujjwal Jain answered
In this regard, i advice you that you can write to the bank from where your husband has taken loan you are being taken as the gaurantor of the loan. Furthermore, if you want to withdraw your surety from the court on the basis of which he has been given bail then you can very well file an application seeking withdrawal of your surety in respect of the said bail in the same court from where he was enlarged on bail. For further clarification, please contact.

Q: How to file a case for physical abuse and verbal abuse ?

When and how can I file a complaint against physical assault? a person who is threatening me with physical assault and verbal abuse because he did threaten me with the same? Unfortunately I don't have any proof regarding the same except for a witness who heard the entire conversation. What proofs are needed and what could be the possible outcomes? Thanks

Advocate Ujjwal Jain answered
In this regard I would like to advice you that file a complaint under relevant section of Indian penal code for threading, criminal intimidation, hurt grevious hurt and other section as the case may be. Then get the statement of the eye witness recorded with police station under section 161 crpc and give documents relevant to substantiate such offence thereby furnishing video cctv footage, messages, call recording and any other means wherein you can substantiate the said event of criminal intimidation. Proceed with it to get him behind bars.

Q: How can I quash an FIR filed under 498A? What are the grounds for quashing a 498A FIR, and is it pos

Dear Sir/Madam, My wife filed a complaint at the police station, resulting in an FIR registered under 498A/34/406. After one month, she called me and expressed her intention not to pursue the FIR she had filed against me. She provided a written statement to the police station, requesting no legal action be taken against me or my in-laws. Now, I have asked her to reconcile with me only after quashing the FIR. Please advise the best approach to quash the FIR. I prefer not to pursue any Memorandum of Understanding (MOU) or other compromise deed in the petition solely because of the case filed against me. Should I consider a joint petition without an MOU, or is there another recommended approach?

Advocate Ujjwal Jain answered
I advice you to reduce your understanding into an MoU and then make it the part of your quashing petition and present to the concerned high court as high court being the highest court in the state has power to quash FIR. For the reason, it is requested to refer your matter for mediation and then reduce your settlement understanding into MoU and then on the basis of such MoU seek quashing. You will definitely get the FIR registered against you and your family quashed there n number of judgements to that effect.

Q: Gay husband - married for his family reputation

I need advice on the case that the boy is gay and has done a big fraud with the girl by marrying her just for the family reputation. When girl got to know, she continuously supported him by taking him to doctors, he never took medicines never behaved properly with the girl, and now have started torturing the girl mentally, what could be the charges in such cases. Please help. They are threatening by saying we have lawyers in our family. And more importantly the girl is an independent girl and was earning around 1.5 lac per month before the marriage, they have ruined around 20 months of the girl. can i divorce my husband if he is gay ? Please suggest something.

Advocate Ujjwal Jain answered
In this regard, I advice you to file criminal complaint under section 498a, 496, 420 read with section 34 against your husband and your in-laws for cheating you thereby getting him married to you when they had specific knowledge of him being gay. These days it’s common people despite of knowing about shortcomings of their son goes ahead to spoil the life of the wife. Similar type of cases I have handlers in last wherein huge settlements have been brought through these complaints and cases. Further more, file for dv complaint before pwdv act thereby seeking maintenance also. Don’t think those 20 months to be waste, fight for your rights and bring them before law so that they should be punished for their wrong doings.For further clarification, please contact

Q: Legal action against single man having affair with married woman

What's the punishment, under the Indian law, for an unmarried Government employee male having an illegal affair with a married woman? is it illegal to have affair with married woman ?

Advocate Ujjwal Jain answered
Complaint under Section 497 IPC can be initiated as against only men having sexual intercourse with the wives of other men without the consent of their husbands punishable. So an Illegal affair as stated by your question it is not clear whether the man had sexual intersourse or not ?. if he had, then you can very well initiate a complaint under Section 497 IPC and