Advocate Enagurthi Yadagiri

Questions Answered by Advocate Enagurthi Yadagiri

Q: False promise of marriage filed on me by a married women

I'm a probationary police constable during this period I made extra martial affair with a married women I'm unmarried.After a quarrel with her husband she filed a complaint on me that I have promised her for marriage but I have not done it. They were not divorced. I lost my job because of probation period. Any legal remedies sir?

Advocate Enagurthi Yadagiri answered
From the facts stated, the relationship appears to be consensual between two adults. The woman was already legally married and not divorced; hence, any alleged promise of marriage is legally untenable. In such circumstances, an offence under Section 376 IPC/65BNS on false promise of marriage is generally not made out, as there can be no valid misconception of fact. Similarly, Sections 417/420 IPC or 318bns require dishonest intention from the beginning, which is usually absent in consensual relationships. Adultery has been decriminalised by the Supreme Court in Joseph Shine v. Union of India (2018).If an FIR is registered, the petitioner should immediately seek anticipatory bail under Section 438 CrPC /482 bnss and, if required, approach the High Court under Section 482 CrPC /528 bnss for quashing, relying on the consensual nature and subsisting marriage of the complainant. Preserve chats and call records to show consent.Regarding termination during probation, though a probationer has limited protection, if discharge is stigmatic or solely based on an unproven complaint, it can be challenged by representation and, if necessary, by a writ petition before the High Court as per service rules.Engage a competent criminal lawyer and avoid any contact with the complainant.

Q: Obtain an Official Copy of the Chargesheet filed by ED

How do i obtain a copy of the chargesheet filed by the Enforcement Directorate against a Financial Fraud where I'm a victim , and have my name as a main complainant in the FIR registered against the accused in that case.

Advocate Enagurthi Yadagiri answered
get it from the court where it was filedonce the ED file the charset it is presented before special court or magistrate, apply for certified copy of the chargesheet and related documents, courts routinely supply certified copies to parties in the case. or accused copy for trial and engaging advocate ( council)

Q: The freedom to make my life choices

I am 36years old, unmarried, not earning. For the past 10yrs I have some health issues due to which I can't go for a job. My father takes care of my expenses. Can he solely make the decision as to my living arrangements and medical treatment? Do i not have any choice here?

Advocate Enagurthi Yadagiri answered
Here a general legal and rights based on perspective on your situation as 36years old adult in india.as an adult over 18 you are legally considered capable of making your own decisions about where you live and your medical treatment you are father cannot automatically decide this for you just because he pay expenses adults have the legal rise to make personal decisions unless a quote legally declare incapable managing their own affairs, however because you mention long term health issues if a code finds that you truly lock capacity to make decision due to medical are mental dick condition then your father or another person could be appointed as a garden or legal represent you so that he can make decisions about your living arrangements healthcare finance etc only after a code process and evidence of in capacity that is not automatic it must to be added by civil or family court, also in Facebook situations example making medical decision when someone cannot communicate their wishes there are mechanism like limited power of attorney but this still require legal procedure and are not just by the parent, you legal how you are own choice in major decisions as the adult your father cannot automatically control your leaving arrangement or medical treatment unless he could find you legally in capacitate if you need a your father can apply to court to be appointed garden but the decision is made by the judiciary not by default if you want I can explain how to start the legal process to protect your rights