Advocate Robert D Rozario

Questions Answered by Advocate Robert D Rozario (100+ answers)

Q: Can a defamation case be filed on basis of watsapp chats ?

Can anyone file a defamation case in court on the basis of whatsapp's status screenshots ( but the name or relationship or anything else related to complainer is not mentioned in the status)?what are the rules for whatsapp defamation case?, Is this admissible in court or the case will be dismissed?

Advocate Robert D Rozario answered
Please bear mind, lodging a complaint with the appropriate authority, based on which a criminal proceeding is initiated is the Constitutional right of every citizen of India. No one can stop anyone from lodging a complaint. Since your matter relates to defamatory statements, the actual test will be examined in the court of law; to what degree such defamatory comments had hurt the reputation and dignity of a person, even though such event took place in whatsapp. However, at this moment it’s difficult to advice you unless you send me the content of the entire WhatsApp conversation which had led to the filing of defamation case. Also the name of person to whom it was addressed? Who were the audiences were to such conversation. All this have to be carefully scrutinized before giving an appropriate advice. Whether there is a chance to quash the entire proceeding under section 482 CrPC is also to be looked at.

Q: Settlement during mediation in supreme court

Husband filed divorce case in mumbai. Hav filed transfer petition to Karnataka in supreme court. Meditation going on in supreme court. How much alimony can be asked by wife if wants to settle in mediation.husband salary around 35 lacs per annum. No kids. Husband doesn't have any loans or liabilities. His mother stays with his brother. He has taken away her streedhan when she was at her maternal place. Wife has medical issue so she cannot go to work. Husband abandoned her.

Advocate Robert D Rozario answered
You need to speak with your conducting advocate who will be in the best position to guide you as your advocate will be knowing the backgrounds of your case... as far as one time settlement is concerned that is between the parties to decide ..

Q: Daughter filing case against father

my father torturd her evry possible way, she movd out of his house to her maiden purchased in Jan 1995 & singly raised me ( he married 2nd woman sept 1995). He retd in aug 2014, all relatd nominating documents at work he stated 2nd woman n d'ter by her, though my mother has registered 2 matters:s-125 & s-494( bigamy), hez wanting to settle both matters for peanuts, & escape fm every responsibility as father, i Want TO FILE MATTER ENABLE V (MOTHER & D'TER R BETER COMPNSATD FOR THESE 33-34 YRS OF

Advocate Robert D Rozario answered
Both you and your mother file a DV case for maintenance and demand for a lump money as compensation for the mental and physical agony and trauma you and mother face for so many years.. what is the stage of both the cases which have been filed your mother...

Q: My Love marriage 14th February 2023

I married someone who loved me for the first time because she had a baby boy of 2 years and I stood against the whole society on this day and I stand my decision and I married her. But he still didn't want to live with me and even called me once in 2 months to tell me what happened to me when I saw our baby boy, he was very innocent and I love him, he called me dad.It's been 1.5 years since I've been living with my mom and dad or I've done one possible thing but nothing happened. What can I do?

Advocate Robert D Rozario answered
if she does not intend to cohabit with you and your parents then it's would be wise fo move on and give her divorce. However if you have a desire to continue with the marriage the file a case for restitution of conjugal rights which is a case asking her return to her matrimonial house. Before you take any decisions you speak with her and try to find out the reasons of her behavior...

Q: Want a divorce while pregnant and dont want childs custody

I am 6 months pregnant and its been 1 year for our marriage. My husband has short temper issue, which i was unaware before marriage keeps fighting andany times he has physically hitted me. I want to file a divorce but can i take while i am pregnant and i want to give the childs custody to him. My religion is hindu

Advocate Robert D Rozario answered
if your husband has agreed for mutual consent divorce then you can file mutual consent divorce case which takes 6 months time for dissolving the marriage.. make sure you take alimony as one time settlement amount for maintenance...