Whatsapp chat can be used as evidence to prove that boyfriend made promise to marriage. My boyfriend does not refuse to marry. He said that he never promised to marry. But I have whatsapp chat and video recordings. We are good friends and he has promised me to marry thereafter, I agreed for a sexual relationship. I was just 15 years old when I first established a sexual relationship with him. He taught me how to do sex and upon his instigation I used to sex with him. He is my relative and stayed in my house for study. My father died in 1987 so my mother got service in the ETU department of Kerala government. In absence of my mother he instigated me to be nude and have sex.
Asked from: Uttar Pradesh
You can use whatsapp chat as evidence. It is a form of electronic evidence which may be used under the provisions of Section 65B of the Indian Evidence Act. The WhatsApp chat should comply with the Indian Evidence Act, which governs the admissibility of evidence in Indian courts. According to the Act, electronic records, including WhatsApp chats, are admissible as evidence if they fulfil certain conditions laid out in Section 65B.
According to Section 65B of the Indian Evidence Act, any electronic evidence, including WhatsApp chats, must be accompanied by a certificate verifying its authenticity. This certificate can be issued by the person in charge of maintaining the electronic record, such as the person who extracted the chat from a device or a forensic expert.
You should obtain a certificate from the forensic expert by providing your mobile phone. He shall extract the information from your whatsapp account then certify that chats are genuine.
Based on the facts of your case, it appears that he has committed rape. You were under eighteen years old when he had a sexual relationship with you. According to Section 375 IPC, any penile penetration or vice versa, even with the consent of the prosecutrix, constitutes rape if she is below eighteen.
Read also: Visual documentation is a good piece of evidence
Under Section 375 of the Indian Penal Code (IPC), if sexual intercourse is done with a girl who is under 18 years old, it constitutes rape, regardless of whether or not there was consent. This section defines the offense of rape and includes specific provisions regarding sexual intercourse with a minor girl. The law aims to protect minors from sexual exploitation and abuse, and it imposes stringent penalties on offenders.
Offenders can face imprisonment for a term not less than ten years, which may extend to life imprisonment, along with a fine. It's crucial to understand that the law does not recognize consent from individuals below the age of consent, which is generally considered to be 18 years old in India.
You should lodge a first information report against that person. As per the facts of your case, you have documentary evidence that sexual intercourse was done on the false promise of marriage. False promise constitutes deception. That man had no intention to marry hence, he gave false promise for marriage. Therefore, it amounts to cheating or deception. In your case you can lodge an FIR under Section 420 & 376 IPC.
It is pertinent to note that he has also committed offence under the Protection of Children from Sexual Offences (POCSO). This act addresses sexual harassment involving teenage girls. Under this act, any form of sexual harassment, including inappropriate physical contact, verbal advances, or any other unwelcome sexual behavior towards a teenage girl, is considered a serious offense. The POCSO Act provides special provisions and stringent penalties for perpetrators who sexually harass teenage girls, aiming to safeguard their rights and protect them from exploitation and abuse. For more legal help please visit Kanoon India.
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How to tackle imminent danger posed by stray dogs? I am living in Thane City. In my housing complex, there are stray dogs around 10-12. two of the stray dogs are always biting people out of sudden without any warning. They also charge people who are jogging, delivery guys and kids playing. What we can do to remove the only dogs which are biting people. 6 incidents have been recorded in the last two months for the same dog biting people. What we can do to take dogs away from the society complex. A number of people do not want that dog to be in our complex because it bites their kids. Dog feeding complexes have dedicated places to feed stray dogs yet people are feeding them at the entrance of society buildings or other areas where kids play.
Can we charge them for not feeding dogs at assigned places? We are not against feeding but people should obey rules to feed the dog at dedicated places assigned for this task. if we stop them then they are blaming us as if we are opposing them from feeding.
Asked from: Maharashtra
You should promptly submit a complaint to the municipal corporation regarding the evacuation of stray dogs from your society. This matter is quite sensitive due to the personal attachment some individuals have in feeding these strays. However, such compassion toward stray dogs, manifested by feeding them in front of residences, must not cause danger to the public and create chaos.
If there is a dedicated place for feeding stray dogs, the residents of the vicinity must feed them there exclusively. It is the municipality's responsibility to safeguard the public from any evident danger posed by stray dogs. Stray dogs exhibit fiercely wild and uncontrollable behaviour. The municipality is also accountable for regulating the act of feeding stray dogs by the public.
However, Section 44 of the Maharashtra Police Act 1951 empowers the police to destroy or exterminate stray dogs. In the prevailing statutes against cruelty to animals such as the Prevention of Cruelty to Animals Act, 1960, it is tough for the police authority to destroy stray dogs. But, they can do something to compel the public to feed stray dogs at the designated place only.
Therefore, you can also submit an application to the Police Commission or other responsible police authority to take action against individuals who are endangering the public by not feeding stray dogs at the designated place. For more legal help please visit Kanoon India.
My wife has lodged false FIR under 498A against me and my family members: how to protect them from arrest? My wife has filed a false case against me and my family under Section 498A. She left us just two months after our marriage. My brother, who works in an MNC, is concerned that the criminal case may affect his job and prevent him from travelling abroad for work. What steps should we take to resolve this situation? How to protect them from arrest?
Asked from: Uttar Pradesh
No accused will be arrested automatically in 498 A case immediately after lodging FIR. The Supreme Court in Arnesh Kumar v. State of Bihar & Another, held that arrest should not be made automatically in cruelty case under Section 498A IPC. The Court emphasised the need for the police to conduct a thorough investigation before making an arrest. In many cases, the arrest should be avoided, particularly when the allegations appear to be exaggerated or false.
In Kahkashan Kausar v. State of Bihar, 2022 the Supreme Court has held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand.
You should challenge the veracity of FIR in the High Court under Article 226 constitution of India, if there is no specific allegation of cruelty in the FIR. When the informant has lodged an FIR with a very general allegation which does not have specific date or events then the high court may quash such a false FIR.
You should immediately file a writ petition in the high court for quashing of FIR under Section 498A IPC. If you have evidence which prima facie proves that the particular accused has no role in commission of offence and he has been falsely implicated there is high chance that the high court may quash the FIR. For more legal help please visit Kanoon India.
Passport granting officer refused the certified copy of the order and demanding NOC from the court. I was issued a short validity passport valid for five years by a court order in 2021 due to an ongoing criminal case. However, my court case was disposed of and closed in October 2023. I possess a copy of the disposal order for my court case, and I have no pending cases against me in any court of law. I wish to renew my short validity passport to a full ten-year passport. When I went to apply for my passport renewal, the passport granting officer asked me to bring a No Objection Certificate (NOC) from the court, and my application was put on hold.
I informed the granting officer that my case has been disposed of and no case is pending against me in any court. I even presented a certified copy of the disposal order, but the officer refused to accept my application. Subsequently, I went to the session court to obtain the NOC. However, the judge refused to provide the NOC, stating that the court does not issue NOCs for disposed cases. I seek your advice on whether I should approach the High Court regarding this matter.
Asked from: Uttar Pradesh
The criminal court in India does not issue a no objection certificate for the granting or renewal of a passport. Permission from the court for passport renewal is typically sought when a criminal case is pending. In such situations, the court may grant permission if it deems that the personal attendance of the accused is not necessary during the trial.
However, once the criminal case has been disposed of, the matter is considered closed unless it is open for consideration in appeal. Since no appeal has been filed by the prosecution against the court's order, there is no pending criminal case against you. Therefore, the demand for a no objection certificate from the court is illegal and holds no ground.
You should file a writ petition in the High Court under Article 226 of the Constitution of India. Traveling abroad is considered a fundamental right (Menaka Gandhi vs Union of India AIR 1978 SC 597), and any arbitrary action to prevent a citizen from traveling abroad constitutes a violation of Articles 14, 19, and 21 of the Constitution of India.
The demand for a no objection certificate is illegal; hence, the High Court may direct the concerned authority to renew your passport within the stipulated period of time. A declaration from the passport holder stating that no criminal case is pending, along with verification from the concerned police station, should be sufficient to accept that declaration. The passport authority has no right to refuse a certified copy of the court order, and such a refusal also amounts to contempt of court.For more legal help please visit Kanoon India.
When can the passport be submitted to Passport Seva Kendra
Resignation not accepted by state government resultantly unable to join new job in central government. I joined as an Auditor in the Odisha government in February 2023 and gave my resignation in September 2023 to join a position in the central government. Since then, my salary has been stopped, but my resignation was not accepted due to pending work regarding the non-submission of audit reports. I expressed my inability to submit the reports citing reasons and showed willingness to refund the amount of my salary for the days of default. However, despite three reminders, I have not received any response for about six months now. I did not take up the previous central government job for which I requested resignation. However, I have now secured another central government job. Could you please advise me on the procedure I should follow now and what actions could be taken?
Asked from: Odisha
Regardless of the reasons for not submitting the audit report within the stipulated time, the state government is obligated to provide reasons for delay in not accepting your resignation. By refusing to accept your resignation, the state government is preventing you from taking up the new job in the central government. Meanwhile, your salary has been stopped, directly impacting your right to livelihood. This deprivation of employment due to an unreasonable delay in accepting your resignation is unacceptable.
In this situation, it is imperative that you promptly file a writ petition in the Odisha High Court under Article 226 of the Constitution. Deprivation of livelihood constitutes a violation of fundamental rights. Article 21 of the Constitution asserts that no person can be deprived of their life and personal liberty except by the procedure established by law.
There is a prescribed procedure for accepting the resignation of a government servant. If the employer has suffered any loss due to the actions and conduct of the employee, it may recover the loss from the employee but cannot indefinitely delay the decision on resignation. Such actions are unfair, unjust, and unreasonable, thus violating fundamental rights.
The high court shall ask from the concerned authority to state the reason for delay in taking decision on the petitioner's resignation. If the court finds that reason is unsatisfactory it may direct the authority to decide the resignation application within a stipulated time or finally dispose of the petition with any other appropriate decision.
The right to livelihood is not explicitly mentioned as a fundamental right in the Constitution of India. However, it is derived from Article 21, which guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this article expansively to include the right to livelihood as an integral part of the right to life.
In various judgments, the Supreme Court has held that the right to life under Article 21 encompasses the right to earn a livelihood by lawful means. The court has recognized that the right to livelihood is essential for the realisation of the right to life with dignity. Therefore, any deprivation of livelihood must be in accordance with the procedure established by law and must be reasonable and justifiable. For more legal help please visit Kanoon India.
How to ensure re-entry in matrimonial home? I seek a residence order as I have been at my parents' house for nine months now. I have a two-month-old child, and my husband abandoned me in the middle of my pregnancy. I have filed an FIR against him, but he secured anticipatory bail, and all legal proceedings are still pending. Can I re-enter my matrimonial house?
Asked from: Uttar Pradesh
Under the Domestic Violence Act, a residence order is a legal directive that can be sought by a victim of domestic violence. It grants the victim the right to reside in the shared household, regardless of ownership or tenancy rights, and can also restrain the abusive partner from entering the household.
To obtain a residence order, the aggrieved person needs to file a complaint before the court of judicial magistrate, detailing the domestic violence experienced and requesting relief, including the right to reside in the shared household.
You should file a complaint under Section 12 of the Protection of Women from Domestic Violence Act 2005. The provision for a residence order under the Domestic Violence Act is contained in Section 19. This section empowers the Magistrate to pass a residence order in favour of the aggrieved person to grant them the right to reside in the shared household.
The residence order may also restrain the respondent from dispossessing or disturbing the possession of the aggrieved person from the shared household. Additionally, the Magistrate may impose other necessary conditions in the residence order to provide protection to the aggrieved person.
Under various laws including the Domestic Violence Act and personal laws like the Hindu Marriage Act, a wife typically has the right to reside in the matrimonial home. This right is recognized irrespective of whether she owns the property or not. It's aimed at providing her with a safe and secure place to live, especially in situations where she may be facing domestic violence or marital discord.
The residence order will guarantee your return to the matrimonial home and will also safeguard your personal safety. Your husband does not have the authority to limit your entry as the right to reside in the matrimonial home is inherent to the marital status of a wife. For more legal help please visit Kanoon India.
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Sapinda relation in Hindu family for ancestral property. I have some confusion about the sapinda relation. My father and me are want to get share in the ancestal property but the court is adament to reject our plea on the ground that we do not come under the concept sapinda as explained in the Mitakshra Law of inheritance. Now please advice what is sapinda and how to claim our share?
Asked from: Uttar Pradesh
In Mitakshara school of law, "sapinda" refers to a person's relatives who are connected through the line of ascent or descent, as well as those who are connected through the line of ascent of the father and the line of ascent of the mother. The concept of sapinda is important in matters such as marriage and inheritance, where restrictions may be imposed on relationships within a certain degree of sapinda to prevent incestuous unions and maintain social order. The exact rules regarding sapinda relationships may vary depending on specific cultural and legal interpretations within different regions.
In Mitakshara law, the concept of sapinda is closely linked to the inheritance of ancestral property. Sapinda relatives are those who are connected through the line of ascent or descent, as well as through the line of ascent of the father and the line of ascent of the mother.
When it comes to the inheritance of ancestral property, the law often imposes restrictions on who can inherit based on sapinda relationships. In many cases, only sapinda relatives are entitled to inherit ancestral property, while those outside the sapinda relationship may not have a legal claim to the property.
Additionally, there may be specific rules regarding the order of inheritance among sapinda relatives, with closer relatives typically having priority over more distant relatives. These rules help maintain the integrity of family property and ensure that it remains within the family lineage.
Overall, the concept of sapinda is significant in determining inheritance rights and the transmission of ancestral property within the framework of Mitakshara law. For more legal help please visit Kanoon India.
Someone is compelling me to marry against my will. The date for a collective marriage has been fixed, but I do not want to proceed with it. The girl’s family is threatening me that if I don’t marry her, they will take legal action against my entire family. What should we do?
Asked from: Uttar Pradesh
In the absence of an engagement or any formal agreement for marriage, it is unlawful to coerce someone into marriage against their will. If you are being threatened with marriage under such circumstances, you have the right to file a First Information Report (FIR) for the offense of extortion. Should you endure any harm as a result of these threats, it is important to take appropriate legal action.
The consent of each party to a marriage is mandatory. No one can be forced into marriage against their will. Section 5 of the Hindu Marriage Act also mandates the free consent of each party for a valid marriage. If you are being coerced into marriage against your will, that marriage could be voidable. You have the option to file a civil suit under Section 12 of the Hindu Marriage Act for the annulment of the marriage.
