Advocate Bibha Boro

Questions Answered by Advocate Bibha Boro (25+ answers)

Q: Paid 15 lakhs and not paid around 50 lakhs even after 39 months.

One person Named Munna Saikia agreed to buy my 2063 square feet fully furnished flat and we had an registered agreement for 45 days to complete the full transaction, he paid me only 15 lakh Rs as advance and the agreement was in case of delayed payment one percentage of interes on balance amount is chargeable.Now after 39 months he is not paying me any money and even he have broken my main gate lock and staying in my house from 3 years.Because of this I hold the 3.25 lakh balance loan payment

Advocate Bibha Boro answered
First of all, it is necessary to ascertain whether the Sale Deed registration process has been completed or not.If the registration of the Sale Deed has not yet been completed and the buyer has defaulted in making payment of the balance consideration amount, then his act of forcibly breaking open the lock and occupying the premises amounts to criminal trespass. In such circumstances, the buyer has no lawful right, title, or interest over the property.For such unlawful acts of the buyer, you have both civil and criminal remedies available:Civil Remedies1. You may file a suit for cancellation of the registered Agreement for Sale (if any) on the ground of breach of contract by the buyer.2. You may also institute a civil suit for eviction and recovery of possession, along with a claim for damages/mesne profits for unauthorized occupation.Criminal Remedies under Bharatiya Nyaya Sanhita, 20231. Criminal Trespass – Section 322 BNS2. House Trespass – Section 326 BNS3. Mischief – Section 316 BNS4. Criminal Breach of Trust – Section 316(2)(f)/317 BNS (depending on facts)Accordingly, you are entitled to take simultaneous recourse to both civil and criminal proceedings to safeguard your lawful ownership rights and recover possession of the property.

Q: Mutual Separation,.............

Can mutual separation be done without going to court in assam. Is it feasible to do from distance by considering the petition

Advocate Bibha Boro answered
Did you actually mean “Judicial Separation” when you mentioned “Mutual Separation”?In Indian matrimonial law, there is no provision for “mutual separation.” What the law provides is “Judicial Separation,” which is provided under the Hindu Marriage Act (for Hindus) and the Special Marriage Act.Judicial Separation cannot be filed as a joint or mutual petition. It must be filed by one spouse on specific legal grounds such as cruelty, adultery, desertion, etc. However, if the other spouse agrees, they may choose not to contest the petition. In such cases, the proceedings effectively become consensual, though still legally filed by one party.Please note, the process requires approaching the court, and personal presence of the parties is generally required at the time of filing and during the proceedings.

Q: I am not able to do contact with my husband

My husband staying in singapore. I am not able to contact with him. When he came india he did not try to contact with me. I have tried to talk face to face. How his passport can band or cancel ? We are hindhu

Advocate Bibha Boro answered
If your husband is willfully avoiding contact and neglecting his marital responsibilities, you have legal remedies under Indian law. You can:1. File a complaint under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.2. Approach the Family Court to seek maintenance under Section 125 of the CrPC.3. If there's mental cruelty, you may file for divorce under the Hindu Marriage Act.4. If you suspect desertion or abandonment, lodge a police complaint at your local police station.5. After filing a legal case, your lawyer can request the court to direct the Ministry of External Affairs to impound or cancel his passport under Section 10(3)(c) of the Passports Act, 1967, especially if he is evading summons or court proceedings.It is advisable to consult a family lawyer immediately to begin legal proceedings

Q: Child custody and domestic violence

I want divorce from husband. My boy child is 5 years old. I want my child custody. And husband hit me a lot but I have no proof. Please help

Advocate Bibha Boro answered
You can file for divorce under the grounds of cruelty as per Section 13(1)(ia) of the Hindu Marriage Act, 1955. Even if you don’t have direct proof of physical violence, your verbal testimony, medical records (if any), or witness statements can help support your case. For the custody of your 5-year-old son, as per Section 6 and 13 of the Hindu Minority and Guardianship Act, and relevant provisions under the Guardians and Wards Act, the welfare of the child is the most important factor. Usually, custody of a minor child is given to the mother, unless proven otherwise. You should consult a family lawyer to file for divorce and initiate custody proceedings in the family court.

Q: Admission of Electronic evidence (Whatsapp Chat)

Is it legally correct for a wife to check her husband's phone without the husband's consent? Can a case be filed for that? Are whatsapp chats coverted to pdf admissible in the court as evidence? Can a case be filed against that too? What will be the charges for these two offences?

Advocate Bibha Boro answered
Accessing a spouse's phone without their consent may be considered a violation of their privacy under Article 21 of the Constitution. It can also attract penal action under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita (BNS), 2023):1. Section 63 of IT Act, 2000 – Unauthorised access or hacking of electronic device, punishable with up to 3 years imprisonment or ₹5 lakh fine.2. Section 72 of IT Act – Breach of confidentiality and privacy.3. Section 304 of BNS, 2023 – Dishonest misappropriation of movable property On WhatsApp Chat Evidence:WhatsApp chats can be admissible in court under Section 65B of the Indian Evidence Act, if proper certification is submitted.Illegally obtained chats may still be admissible based on relevance, though the method of procurement can be questioned in court.So yes, cases can be filed both for illegal access and possibly for submitting improperly obtained evidence, depending on facts. Legal advice should be taken for the specific situation.