Advocate Chetan Bhogal

Questions Answered by Advocate Chetan Bhogal (25+ answers)

Q: Runaway from home and want to Live by my own then what legal action

I m 27 years old girl. I want to runaway from my parents home and want to live by my own,if my parents filed a missing case, will police look for me and force me to go home

Advocate Chetan Bhogal answered
You are an adult and you have all the right of freedom provided by the constitution. No law can force you to be with someone you don't want to. just leave a letter for your parents stating that you are going to live alone and don't be bothered.

Q: Pre-nuptial agreement in India

Hello, I have a girlfriend who frequently gives me police threats, calls me out as a "rapist", "kidnapper" and later clarifies that it was out of anger, she also gives me threat that she will write a note against me and commit self-harm. This has happened again and I don't think I want to live under threats anymore. Hence, I wanted to know wether there is any legal agreement, or anything which both of us can sign, so that she doesn't pursue this matter legally

Advocate Chetan Bhogal answered
See an agreement means you and someone are agreeing on something and you can make an agreement but the issue is that she can still file an FIR against you so my advice is for you to handle the matter maturely and get rid of her smartly.

Q: Blackmailing and defamation issue

I m 30yr old and my girlfriend is 26yr old we are in physical relationship with mutual concent without any commitment of marriage. I have screenshot of chats/txt msgs. when I told her please don't think about future. Now there parents fix there mrg with someone else and she blackmailing me for forcefully marriage. does this screen shot can be used as proof if she do fir against me. Please guide me

Advocate Chetan Bhogal answered
As per your query, since both you are adults and the relationship was consensual without any promise of marriage, it does not attract criminal liability under Section 376 IPC( 64 of BNS) but still she can file FIR alleging for false rape case. In that case you must file for anticipatory bail. Screenshots of chats and messages showing mutual consent and clear communication regarding no commitment of marriage can be used as evidence in your defence if any false FIR is filed. If she is threatening or blackmailing you, it is advisable to file a complaint under relevant sections such as criminal intimidation (Section 506 IPC) or extortion (Section 384 IPC). Keep all proofs safely. In case of any FIR it will be useful for trial