Advocate Ibji Majid Anwar

Questions Answered by Advocate Ibji Majid Anwar

Q: What is the punishment in India for a boyfriend who gives a false promise of marriage for a physical

My boyfriend used me by giving a false marriage commitment, physically assaulted me against my will, and wasted 10 years of my life. He also blackmailed me to keep the relationship and now plans to marry another girl. What action can I take against him? What is the punishment for a false promise of marriage in India? Should he marry me, or must he face legal punishment and go to jail? What decision will the court take?

Advocate Ibji Majid Anwar answered
Do you wish to punish the culprit or want to to get married to the same person.Please make a specific query of your case.Generally, Every Breach Of Promise To Marry Cannot Amount To Rape: Bombay HC Reiterates...Granting anticipatory bail to an accused, the Bombay High Court recently reiterated the proposition that every breach of promise to marry cannot amount to rape. Excerpt of the Bombay High Court Judgement In a case of rape, the act of sexual intercourse is forcible andwithout consent of the woman. However, the consent obtained byfraud amounts to no consent and therefore, if there is sexualintercourse with consent but obtained by fraud, it amounts to rape.For example, if an illiterate woman is given promise to marry andunder that promise, her consent is obtained for sexual intercourse,then, it can be said that the consent is obtained by fraud. Similarly,if by hiding the identity or impersonation, consent is obtained, thenit is on playing fraud. So also, a married man obtains consent ofan unmarried girl under promise to marry by suppressing hisprevious marriage, then that consent given by the unmarried girl tohave sexual intercourse is consent obtained fraudulently and it is no consent. Such and similar instances fall within the definition ofrape.Previously, in number of such matters, this Court has taken aspecific view and has held that when a woman is major andeducated and depending on facts on the case, she is supposed tobe fully aware of the consequences of having sexual intercoursewith a man before marriage. In the event of consent obtained byfraud, inducement is a necessary ingredient. There should besome material on record to believe prima facie that the girl wasinduced by the accused to such an extent that she was ready tohave sexual intercourse with him. Promise to marry cannot besaid to be an inducement in these types of cases. However, theCourts now-a-days do come across registration of many cases ofthe offence of rape under section 376 of the Indian Penal Code. Ifthe act is repeatedly committed, then, section 376 (2)(N) is alsoinvoked where the punishment is not less than 10 years. Thus, thefacts i.e., the life and liberty of the accused in view of the gravity ofthe punishment on one hand and mental trauma, physicalsufferings of the girl on the other hand, are required to beappropriately considered with balanced view.

Q: Patient wrote false things against doctor on practice site

Despite of good dental service provided to patient as pt didn't wanted to pay money but has to pay me ,she commented ill words and false , irresponsible comments on practo damaging my social image .what legally I can do I have only pt pH no and email I d

Advocate Ibji Majid Anwar answered
Defamation is both civil and criminal offence. The remedy for a civil defamation is covered under the Law of Torts. In a civil defamation case, a person who is defamed can move either high court or subordinate courts and seek damages in the form of monetary compensation from the accused. The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years.

Q: Builder not returning booking amount paid

I had booked a flat with the Lodha group by paying a booking amount of Rs.99,000. There was no agreement signed. After a few days, however due to financial problems, I was not able to gather the amount for 1st installment that was around 4 Lakhs. I spoke to the sales people and they say that i will not get any refund since there is no such law that compels them to return the booking amount. Can they do that? I mean they will surely sell that flat to some other customer and also keep my hard earned money of almost 1 lakh ? What steps can i take?

Advocate Ibji Majid Anwar answered
Do you have any booking confirmation, payment receipt or allotment letter, then you can file compliant under RERA and seek refund of the booking amount.Full amount will not be returned though, 10% deduction is applicable.

Q: Ownership and transferability of inherited property

My grandfather owned a joint flat. He stated in his will that one flat is of my grandmother and the other flat is of my father. My grandmother has added 2nd name in the flat of her daughter. The 2nd name in my fathers flat is of my grandmother. So is my father the owner of the flat and does 2nd name in a flat matter? After my fathers death, whom will the flat belong to? My grandmother or my mother? please solve my query.

Advocate Ibji Majid Anwar answered
My grandfather owned a joint flat. He stated in his will that one flat is of my grandmother and the other flat is of my father. My grandmother has added 2nd name in the flat of her daughter. The 2nd name in my fathers flat is of my grandmother. So is my father the owner of the flat and does 2nd name in a flat matter? After my fathers death, whom will the flat belong to? My grandmother or my mother? please solve my query.Query is not clearPlease consult lawyer

Q: How to claim maintenance without giving divorce

I belongs to SC categery. My husband fill a divorce pition in the court but after sometime he withdraw the case & also he & his mother didnt allow me to live in his house .he didnt ready to live with me .we got married just 2 years ago.we also have a 1 year old daughter what should i do. i file the domastic vilonce case & alumini case against him .but i dont want divorce what should i do?

Advocate Ibji Majid Anwar answered
You can file petition for restitution of conjugal rights also claim for maintenance under section 125 of code of criminal procedure.Alimony will be given after divorce.You may consult for legal opinion with all case details