Advocate Joshi Jeky

Questions Answered by Advocate Joshi Jeky

Q: Physical abuse by promising marriage

My bf was talking about marriage with me since 1.5 years after getting physical with me he's going to marry with his parents choise girl, can I complain without revealing my identity and without telling my parents?

Advocate Joshi Jeky answered
If your boyfriend had a false promise of marriage and induced you into a physical relationship without genuine intention to marry, it may amount to an offence. Courts have held that consent obtained on a false promise of marriage can be treated as no consent, attracting Section 376 IPC (rape) only if it is proven that the promise was dishonest from the very beginning. If the relationship was consensual and the decision to marry changed later due to family pressure, it may not attract criminal liability, though it can still cause emotional harm.Filing a complaint anonymouslyYou cannot proceed with a full criminal case anonymously, as investigation requires your identity and statement.However, you can initially approach: A Women’s Police CellMahila Helpline (181 / 112)State Women’s Commission These forums allow confidential counselling and mediation without immediately disclosing details to your parents.Informing parentsThere is no legal requirement to inform your parents if you are a major (18+).Authorities generally respect the woman’s privacy, especially in sensitive matters.Important advicePreserve evidence (messages, chats, call records, photos).Consult a female lawyer or legal aid centre before taking any step.Do not file a criminal case in anger—understand the legal consequences fully.If you want, I can also explain civil remedies, police procedure, or what evidence is legally important.

Q: Surname Issue In 10th marksheet ( cbse board ).

name in 10th marksheet. :- Name : Vishal Palja Father name : Arvindlal Mother name : Aartiben name in 12th /adhar /Lc( leaving certificate).: Name : Patel Vishal Arvindlal Father name : Patel Arvindlal Mother name : Patel Aartiben where Patel is our caste and Palja is our subcaste.I had passed 10th in 2024 now it had been 1.5 years and for 12th loc were filled and submitted as per above name.

Advocate Joshi Jeky answered
Based on the details provided, there is a discrepancy in your name across different educational and identity documents. In your 10th marksheet, your name is recorded as Vishal Palja, with your father’s name as Arvindlal and mother’s name as Aartiben. However, in your 12th records, Aadhaar card, and Leaving Certificate (LC), your name appears as Patel Vishal Arvindlal, and your parents’ names also include the surname Patel. This difference has occurred because Patel is your caste surname, while Palja is your sub-caste, and different documents have used different naming formats.Since you passed your 10th standard in 2024 and around 1.5 years have passed, correction is still possible, but it must be done through a proper legal and administrative process. Generally, education boards do not allow direct changes after a long gap unless supported by valid documents. The most practical solution is to obtain a Gazette Notification or an Affidavit for name correction, clearly stating that Vishal Palja and Patel Vishal Arvindlal refer to the same person. Supporting documents such as Aadhaar, LC, birth certificate, and parents’ identity proofs should be attached.You should then apply to the respective education board (SSC/State Board or CBSE) through your school, requesting correction or issuance of a clarification letter. Until the correction is approved, it is advisable to consistently use the name mentioned in your 12th records for future academic and official purposes, along with the affidavit as proof of identity continuity.

Q: Illegal Confinement & Forcible Separation from Husband

I am a married woman whose parental family has forcibly separated me from my husband and is illegally confining me at my parental home. Despite a Gujarat High Court order (Habeas Corpus) protecting my choice to live with my husband and restraining interference, the order has been willfully disobeyed. I have been threatened with death along with my husband, sexually intimidated by my uncle, forced to sign blank papers under coercion, and pressured for divorce and forced remarriage.

Advocate Joshi Jeky answered
The facts clearly disclose a grave violation of the fundamental rights of a married adult woman. Under Articles 19 and 21 of the Constitution of India, every major woman has an absolute right to personal liberty and to choose her spouse and place of residence. The Gujarat High Court, by issuing a writ of Habeas Corpus, has already affirmed her free will and restrained interference by her parental family. Willful disobedience of such an order amounts to contempt of court under the Contempt of Courts Act, 1971.The acts of illegal confinement constitute offences under Sections 340 and 342 IPC, while death threats attract Section 506 IPC. Sexual intimidation amounts to offences under Sections 354 and 354A IPC. Forcing her to sign blank papers under coercion is punishable under Sections 191, 193, and 503 IPC. Pressuring for divorce and forced remarriage is illegal and void in law.The woman may immediately seek police protection, file an FIR, and move the High Court for contempt proceedings against the violators. She may also approach the State Women’s Commission and seek protection under relevant criminal and civil laws. The Supreme Court has repeatedly held that family or societal disapproval cannot override an adult woman’s autonomy. Any continued interference is unconstitutional, criminal, and liable to strict legal action.