Advocate Benjamin Sishu

Questions Answered by Advocate Benjamin Sishu (25+ answers)

Q: how can i help my girlfriend get her out from house.

hii, on February10 my girfriend's parents know about her relationship and detained her inside the house and not letting her to contact anybody. few days back she somehow managed to contacts me and was askig for help. she send me some videos describing her situation and told me to help her if we lost contact.her parent and relatives are forcing her to marry someone of their choice. now i lost all the contacts with her. pleasw guide me what to do next.

Advocate Benjamin Sishu answered
Dear Concerned,Based on the facts shared, your girlfriend is being unlawfully confined by her parents, and they are allegedly forcing her into marriage against her will. This is a violation of her fundamental rights under the Constitution of India, including the right to personal liberty (Article 21) and the right to choose her life partner (Article 19 & 21 as upheld by the Supreme Court in Shafin Jahan v. Asokan K.M. & Ors).Here’s what you should do:File a Police Complaint – Immediately approach the nearest police station and file a written complaint about wrongful confinement and forced marriage. Attach any proof you have (videos, messages). Mention Sections 339, 340, 341, 362, 366 IPC regarding wrongful confinement, abduction, and forced marriage.Approach the State Women’s Commission – You can also file a complaint with the Odisha State Commission for Women, as they intervene in such cases.Habeas Corpus Petition in High Court – If the police do not act, file a Habeas Corpus Writ Petition in the Orissa High Court, seeking her release.Act swiftly. If she is an adult, no one can force her into marriage. Stay strong and take legal action immediately but before all above make sure she is a Adult

Q: leaving india to study in another country

firstly, i have a pending court case. i want to pursue my education abroad but i have a fir registered under section 67b of IT act 2000 and it will be cbi vs me.my proceeding starts from april or may 2025. so before that can i get visa and leave india to study and come back whenever my trial dates approaches. i know i have to ask court permission but a few lawyers told me about quashing the fir, as cbi already submitted one preliminary report, do i still have time to quash it by high court?

Advocate Benjamin Sishu answered
Since you have an FIR under Section 67B of the IT Act, 2000, and CBI is handling the case, you have two main legal options:Quashing the FIR (Under Section 482 CrPC) – You can approach the High Court to quash the FIR if there is no strong evidence against you, or if the case lacks merit. Since a preliminary report has already been filed, the success of quashing depends on the report’s findings. If the report is weak or the case is false, the High Court can quash the FIR.Seeking Court Permission to Travel – If quashing is not possible immediately, you must file an application before the trial court or High Court seeking permission to travel abroad for education. Courts usually grant permission if you assure them that you will attend trial dates when required.Since proceedings are starting file the necessary applications. The sooner you act, the better your chances of quashing or securing travel permission.

Q: A relative claiming false relation to obtain legal heir certificate.

Father Name : A(Dead)His Bilogical Sons are B, C, DAnother Person- A1(Dead) and had two biological Daughters both alive - D1 & D2But from above 3 sons, Son D prepares all his govt legal id proofs keeping person A1 as his father.And he tries to claim as legal rights(legal certificate,all property etc) on his name claming as biological son of Person A1 which is not true.Is there any Indian constitutional court of law being violated here?If yes, kindly explain how to put a case against him.

Advocate Benjamin Sishu answered
Son D has falsely claimed that A1 is his father and is trying to get legal documents and property rights based on this lie. This is a criminal offense under Indian law, including fraud, forgery, and cheating. Since his claims are false, legal action can be taken against him.Legal Actions You Can Take:File a Police Complaint (FIR): Report to the police for fraud, forgery, and misuse of documents under IPC and BNS laws.Criminal Case: File a case in the Magistrate Court under Section 340 CrPC if the fraud has affected legal proceedings.Civil Suit: Approach the court to declare Son D’s documents as fake and stop him from claiming property.Property Protection: If he has changed property records, apply to cancel the mutation in the Revenue Office.Writ Petition in High Court: If authorities do not act, file a petition in the High Court to cancel his fraudulent documents and restrain him legally.These steps will help protect your legal rights and prevent Son D from fraudulently taking over property or claiming false legal status. Let me know if you need legal drafts for any of these actions.