Advocate Tushar

Questions Answered by Advocate Tushar (25+ answers)

Q: Dowry demand and engagement cancellation legal remedy

My sister’s marriage was fixed through Jeevansathi. The boy and his family visited our home and later called us to Munger, where his father and uncle demanded Rs 15 lakh as dowry and agreed at Rs 8 lakh. The boy consented and regularly spoke to my sister. We booked a hotel for engagement. Suddenly they refused saying he will not marry for 2 years. What legal action can we take under Indian law, including dowry and financial loss?

Advocate Tushar answered
The facts disclosed amount to clear offences under Indian law. The demand of ₹15 lakh (settled at ₹8 lakh) is punishable under the Dowry Prohibition Act, 1961. You can lodge an FIR against the boy, his father, and uncle for dowry demand. In addition, their conduct may attract Section 420 IPC (Cheating) since they induced your family into expenditure by false promise of marriage and later backed out. On the civil side, while engagements are not legally enforceable contracts, you can file a civil suit for damages/compensation to recover financial losses such as hotel booking and engagement expenses. Any gifts or valuables exchanged must also be returned. Next Steps: 1. File a written complaint with the police narrating the dowry demand and subsequent refusal. 2. Preserve all evidence (messages, call records, receipts, witnesses). 3. Approach the State Women’s Commission or National Commission for Women for intervention. Thus, you have both criminal remedies (dowry demand, cheating) and civil remedies (compensation for financial loss) available

Q: Marriage Issues and Financial Related

Need help issues related to marriage and financial fraud by wife and inlaws ...need help on filing criminal case

Advocate Tushar answered
As a lawyer, here is the concise roadmap for filing a criminal case for financial fraud and marriage-related deception under the Bharatiya Nyaya Sanhita (BNS):1. Key Criminal Charges (BNS 2023)Cheating (Section 318): For dishonestly inducing you to deliver money or property based on false promises.Fraudulent Marriage (Section 83): If the marriage was entered into dishonestly or through a fraudulent ceremony, carrying up to 7 years imprisonment.Criminal Breach of Trust (Section 316): For misappropriating property or funds entrusted to them.Criminal Conspiracy (Section 61): To charge the in-laws as co-conspirators in the fraud.2. Immediate StepsDraft a Specific Complaint: Clearly name each person (wife and in-laws) and detail their specific roles to prevent the case from being quashed later.Secure Evidence: Collate all bank statements, UPI records, and digital proof (WhatsApp/recordings) of their deceptive representations.File an FIR: Submit the complaint at the local police station. If they refuse, approach the Superintendent of Police or file a private complaint before a Magistrate.3. Cautionary AdviceAnticipatory Bail: Be prepared for retaliatory cases (like Section 85 BNS, formerly 498A) by keeping your own evidence of innocence ready.

Q: Boyfriend is a muslim guy , cheated in relationship sinc 14y

If any one was in committed relationship since 14 yrs and he is muslim and I am hindu girl, and now he asked me for the conversion and also cheated on me and denied for marriage and he also asked me to sucide. So according to Indian law what punishment will be for him. And his full family involved in this, and I also financially helped him and his mother. Please answer what should I do because I want him to be punished by law

Advocate Tushar answered
1. Applicable Criminal Charges (BNS 2023)Deceitful Promise of Marriage: Under Section 69 of the Bharatiya Nyaya Sanhita (BNS), having a sexual relationship by making a promise to marry without the intention to fulfill it is a specific crime punishable by up to 10 years of imprisonment.Financial Fraud: Since you were induced to give money to him and his mother based on this false promise, Section 318 (Cheating) applies.Abetment/Provocation: Asking someone to commit suicide is a grave offense under Section 108 (Abetment).Criminal Conspiracy: Because the family is involved in the financial exploitation, they can be charged under Section 61.2. Immediate Legal ActionsFile an FIR: Go to the nearest police station or Women’s Cell. Detail the 14-year history, the forced conversion demand, and the specific instances of cheating.Evidence Collection: Secure all WhatsApp chats, call recordings, and Bank Statements/UPI records showing the money transferred to him and his mother.Anti-Conversion Laws: Depending on your state (e.g., UP, MP, or Jharkhand), the demand for conversion for marriage is a serious, non-bailable offense.3. Summary of PunishmentIf convicted, he faces significant prison time (up to 10 years for the marriage promise alone), and his family members can be prosecuted as co-conspirators for the financial and emotional abuse.

Q: Can anyone take pictures of government official premises wit

Can anyone take pictures of government official premises without prior permission

Advocate Tushar answered
No one can freely take pictures of government official premises without prior permission. If you need to, you must apply for clearance through the relevant authority (often MEA or MHA), and even then, only designated areas may be permitted.