Advocate Roma Roy

Questions Answered by Advocate Roma Roy (25+ answers)

Q: How to proof WhatsApp chat evidence in matrimony case.

How to proof whatsapp chat. I have already attached the screenshot shot of whatsapp chat and have original device also . And 65 b certificate with it.Do I still need to submit the original device and after how many days phone will be return

Advocate Roma Roy answered
Your WhatsApp chats can be proved as electronic evidence under the Indian Evidence Act, 1872. Since you have already filed screenshots along with a valid Section 65B certificate, it generally satisfies the requirement of admissibility.However, the court may ask you to produce the original device for verification if required. In most cases, you only need to present the device before the court, and it is not permanently seized. If the device is taken for examination, it is usually returned after inspection or forensic analysis as per the court’s direction.You should follow the court’s instructions and keep the original device safe and unchanged.

Q: Second marriage without dissolution of first marriage

Is marrying someone socially without getting divorce from wife a criminal offence in Hindu marriage registration act?

Advocate Roma Roy answered
Under Hindu Marriage Act, 1955, a valid marriage requires that neither party has a living spouse at the time of marriage. If a person marries again without obtaining a legal divorce from their existing spouse, such marriage is void.Further, this act also amounts to an offence of bigamy under Indian Penal Code Section 494, which is a punishable offence. Even if the second marriage is performed socially without registration, it can still attract criminal liability if essential marriage ceremonies are proved.It is advisable to seek proper legal remedy in such cases.

Q: Divorce suite by both wife and husband in different courts

My daughter filed for divorce in Alipore judge court on 2nd February 26 and subsequently her estranged husband filed divorce in Howrah court on March 26.Which one will stand in court.

Advocate Roma Roy answered
Your daughter’s case filed earlier in Alipore Court will generally have priority. Since the matter between the same parties is already pending, the subsequent case filed by the husband in Howrah Court can be challenged and is likely to be stayed under the principle of res sub judice.Your daughter may also file an application to transfer the Howrah case to Alipore Court to avoid parallel proceedings and ensure convenience. It is advisable to take appropriate legal steps through a lawyer.