Advocate Prathipati Nirmala

Questions Answered by Advocate Prathipati Nirmala

Q: Promise of false marriage and sexual contact

One army person used to say that he will marry me On that he convinced my parents and since then both of us used to chat with each other on phones. He also had sexual intercourse with me on false promise of marriage. Later he refused me. I made fir against him (417,420,376 ipc). after 14 days remand he got bail. And charge sheet is not prepared yet. How can move this case to army court. Is there any way to move this case to army court, will they give justice for me or not?

Advocate Prathipati Nirmala answered
When the cases started increasing where a known person obtained consent for sexual intercourse from the victim based on false promises to marry, it became very essential to control such situations. So, it was laid down that if a boy obtains consent based on a false promise to marry, then he would not be excused from the charges of rape. In such a case, it would be considered that he had committed rape on her and will be charged under Section 375 of the Indian Penal Code. The punishment would be given to him according to Section 376 of the Indian Penal Code.According to Section 375 of the Indian Penal Code, a man is said to commit rape if he penetrates, inserts manipulate and applies his mouth to the vagina, anus, urethra of a woman or make her do so with him or any other person under the circumstances falling under any of the following descriptions. Firstly, against her will. Secondly, without her consent. Thirdly, when her consent is obtained by putting her in fear of death or hurt of the person in which she is interested. Fourthly, when she gives consent believing that the man is her lawful husband. Fifthly, when her consent was obtained at that time, she was not able to understand the nature and consequences of the act. Sixthly, when consent was obtained, she was under eighteen years of age. Last but not least when she was not able to communicate the consent

Q: Na kuthuru na husband dagger vundhi nnu techisikovali anukuntunanu sir

Nnu court lo ea petition vesatha na kuthuru ni nnu techikovadanaki avuthundhi koncham cheppandi sir

Advocate Prathipati Nirmala answered
good morning sir me papa Kavali anukuntai Meeru court lo guardianship op file cheyalci vuntundi 6 months talli dagera 6 months father dagera vundataniki veelu padutundi me ku interest vuntay contact cheyandi ADVOCATE NIRMALA VIJAYAWADA

Q: complainant is trying to ran away abroad while trail is going to start

hello sir/madam 506 ipc,509 and 66 A IT act in 2018 while i was in uk, after 6 months filed same case,same person in 2019 i came to home country and police wrote to passport authoirty regarding this two cases and they impounded my passport. out of two one case trail was started chief and cross examinantion was done, the second case trail was posted to october , meanwhile complaiant trying to ran away to abroad in september. if she fly away my case may get delayed ,how to stop her,pls suggest

Advocate Prathipati Nirmala answered
Go and give a complaint near police station or higher officials the complaint is leave the country please hold his pass port there is 2 cases pending now the cases are in bench this time complaint is escaping me also working in uk iam stucked in my home town my passport also holds in police station please take action immediately , ADVOCATE NIRMALA

Q: Family dispute seeking legal advice regarding wife and husband

Friends wife left the house a month back along with kids,after leaving she spoke to husband once and said she is not happy with him and said she has compatibility issues. She is supported by her family members. One day they all planned and left the house taking all the house hold activities leaving few for him. Brother in law waited outside when he went to office. Mother in law came to their house a month back and stayed with them. Can he file a defamation and burglary case against his inlaws.

Advocate Prathipati Nirmala answered
hi sir please file a missing complaint near police station and issue restitution of conjugal rights Section 9 of the Hindu Marriage Act, 1955 NOTICE through the advocate, this is me better suggestion, ADVOCATE NIRMALA