Advocate Jhelum Ghate

Questions Answered by Advocate Jhelum Ghate (25+ answers)

Q: Do we need anticipatory bail in non verbal sexual harassment

Hi,One lady put allegation on my friend of staring her chest while passing through in lift and lobby. She sent sms to him on WhatsApp. She has written one application to police also that My friend stare her chest . She has no artifacts . Even she didn’t not tell the day, date when she felt like this . Can police arrest my friend without any proof? Should we go for anticipatory bail

Advocate Jhelum Ghate answered
Police can register an FIR based on a woman’s complaint statement alone. No additional proof (CCTV, witnesses, etc.) is needed at the time of lodging.Arrest power: For offences like sexual harassment (Sec 74 BNS), the maximum punishment is up to 3 years (non-bailable). Police technically can arrest after FIR, even if the evidence is weak.However, courts have directed police to follow arrest guidelines (Arnesh Kumar vs State of Bihar, 2014) – arrest should not be mechanical, they must justify why it is necessary.

Q: “I am Hindu, my Muslim boyfriend promised marriage. We had a

“I am Hindu, my Muslim boyfriend promised marriage. We had a physical relationship on that basis, now he refuses. I have proof (photos, chats). Can I file under Sec 69 BNS?”

Advocate Jhelum Ghate answered
Section 69 BNS deals with “rape”. It criminalises sexual intercourse by a man with a woman against her will, without her consent, or when consent is obtained under certain false pretenses.How courts view “promise of marriage” cases:If the promise was made bona fide (in good faith) but later circumstances prevented marriage → usually not rape.If the promise was false from the beginning, made only to obtain sexual relations → it may amount to rape under Sec. 69 BNS.If you can show that at the very beginning itself he never intended to marry you, and the promise was only to obtain consent for sex, then a case under Sec. 69 BNS (rape by deception) can be made out.Other remedies available to you are-Cheating (Sec 318 BNS, earlier IPC 417/420) – if he deceived you with false promises.Criminal intimidation / harassment – if threats or abuse are involved.Evidence – Chats, photos, and messages will help establish his false promise and intent.File a complaint with the local police or women’s cell.You may also approach a lawyer to help draft the FIR and present your evidence clearly.Courts will evaluate whether it was a genuine promise that failed, or a false one from the beginning.

Q: Under construction flat ownership issue in divorce case

We purchased a under-construction flat and now we are in divorce case but issue is with flat I paid 15 lakh and my husband paid 8 lakh only and also we took home loan on my name so in this case who will having the rights to take this flat if I am ready to pay his own contribution to him and I want to take this flat.please suggest

Advocate Jhelum Ghate answered
If you have had a conversation with your husband and if there is A proper verbal or written communication between the two of you and if the both parties are on the same page then, in that case, you can pay the amount which has been paid by your husband priority as a part of contribution towards the sa If You Are ready and willing to pay the entire home loan amount and the EMI is going in your name then you are legally and rightfully entitled to possession and interest in the property.

Q: I applied for registering my film on cbfc. Paid 25k for it.

I applied for getting my film certified on 24th July it has been 45 days and they haven’t given a screening date. The front desk keep saying call after 30 mins, RO is busy. They are not providing any info. This is against cinematograph Act of india. How should i proceed? Have sent an mail to the chairman, ceo, ro via IMPPA, still no response, have tried contacting I&B Ministry via mail, still no response.

Advocate Jhelum Ghate answered
You will have to contact them and tell them about your expectations and if after that as well, if they you need to send them a legal notice to bring their attention to your grievance. Later on you can see how to proceed with a civil/criminal legal action against Are not willing or ready to pay aur give the appropriate solution to your problem, then them.