Advocate Pawan Bhati

Questions Answered by Advocate Pawan Bhati

Q: My girlfriend's parents are against the marriage.

I want to marry my girlfriend and she wants to marry me, my family is ready but her family is not. Her brother calls me and threatens me to breakup. I want to know my rights in this matter.

Advocate Pawan Bhati answered
Right to marry is governed by various personal laws and the Special Marriage Act, 1954, which allows individuals of different religions or those who do not wish to follow their personal laws to marry. However, it’s important to clarify a few points: 1. Consent: Marriage in India is based on the free and informed consent of both parties. Both the boyfriend and girlfriend must willingly agree to marry each other. Forced marriages or marriages without free consent are illegal. 2. Legal Age: In India, the legal age for marriage is 18 for females and 21 for males. Both individuals must meet these age requirements to marry without parental consent. 3. Interfaith or Inter-caste Marriages: India is a diverse country with various religions and castes. Interfaith or inter-caste marriages are allowed, but they may face social and familial challenges. Legally, the couple can marry under the Special Marriage Act, which does not require them to convert to each other’s religion or follow specific customs. 4. Protection from Legal Issues: It’s advisable for couples to register their marriage under the relevant law (either personal law or the Special Marriage Act) to ensure legal protection and documentation of the marriage.

Q: Regarding cancellation of candidature.

Sir,in 2018 an FIR was filed against me with ipc 323,341,34 in jaipur during a fight in college fest.In 2022 case was transferred to lok adalat and was eligible for withdrawal,so case was withdrawn and i was declared discharged and case was disposed.In 2023 i am writing upsc mains after qualifying upsc prelims.I just want to ask that there is any possibility of me getting rejected from govt jobs on the basis of above given case?Or anything which can cause rejection of me from govt jobs?

Advocate Pawan Bhati answered
Different government jobs may have different criteria for considering criminal records but If the criminal case against you was disposed of in your favor, such as being acquitted or the charges being dropped, it will not impact your job prospects.

Q: A question regarding male rape

I am a student of journalism and mass communication. In order to spread awareness, we intend to make a documentary abut a seriously unattended topic ' Male rape'. So, I wanted to ask about the laws regarding this issue in india. Are there any laws and if yes then what is the punishment. It will be kindly helpful if you answer me back.

Advocate Pawan Bhati answered
The IPC defines rape as follows: 1. A man is said to commit “rape” if he:a. Penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with any other person; orb. Inserts, to any extent, any object or a part of the body into the vagina, mouth, urethra, or anus of a woman or makes her do so with any other person; orc. Manipulates any part of the body of a woman so as to cause penetration into the vagina, mouth, urethra, or anus of the woman or makes her do so with any other person; ord. Applies his mouth to the vagina, anus, or any part of the body of a woman or makes her do so with any other person.The key point to note is that the law does not specify the gender of the victim, making it applicable to male victims as well. Rape is a criminal offense in India, and perpetrators can face severe penalties, including imprisonment.