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People Also Read: What is RERA Act

What is a RERA Certificate?

A RERA certificate is an official document issued by the State Real Estate Regulatory Authority (RERA) to real estate developers or agents. It confirms that a project or real estate professional has registered under the RERA Act, 2016, and complies with all the required norms and legal procedures.

In simple terms, it means the project is genuine, legally approved, and safe for investment.

People Also Read: RERA Registration Process

Who Needs a RERA Certificate?

1. Real Estate Developers/Promoters

Any developer launching a residential or commercial project over:

1. 500 sq. meters, or

2. 8 or more apartments

   must register with the respective state’s RERA and obtain a certificate before selling or advertising.

2. Real Estate Agents

Any agent wishing to facilitate sales for RERA-registered projects must also register themselves and obtain a separate RERA certificate.

3. Homebuyers

While buyers don't need to obtain the certificate themselves, they must verify the RERA status of any project before investing.

People Also Read: RERA Act Explained: Delayed Possession of Flats

Why is a RERA Certificate Important?

1. Transparency

RERA mandates developers to upload complete project details on the state RERA portal, including layout plans, carpet area, timelines, legal approvals, and financials.

2. Legal Compliance

A RERA certificate ensures that the project complies with:

1. Municipal building codes

2. Zoning laws

3. Environmental clearances

4. Fire safety approvals

3. Protection of Buyers’ Interests

The Act enforces strict adherence to promised timelines, construction quality, and project deliverables. It prohibits misuse of buyer funds.

4. Effective Dispute Resolution

Buyers can file complaints with the RERA authority or RERA Appellate Tribunal for quick redressal.

5. Credibility for Developers and Agents

A RERA-certified developer is perceived as more trustworthy, thus attracting more genuine buyers and investors.

People Also Read: Understanding RERA and How to File a Complaint under RERA

Key Features of a RERA Certificate

How to Get a RERA Certificate (Step-by-Step Guide for Developers & Agents)

Step 1: Visit the State RERA Portal

Each state has its own RERA portal. For example:

1. Maharashtra: maharera.mahaonline.gov.in

2. Delhi: rera.delhi.gov.in

3. Karnataka: rera.karnataka.gov.in

Step 2: Register as Promoter or Agent

Choose your role—Promoter (Developer) or Real Estate Agent. Fill in:

1. Name, contact, email

2. PAN/Aadhaar

3. Company details (if applicable)

Step 3: Fill Out the Application Form

You’ll need to provide detailed information like:

1. Project name and location

2. Land ownership documents

3. Layout and design plan

4. Completion timeline

5. Regulatory approvals

6. Past project history (if applicable)

Step 4: Upload Required Documents

For Developers:

1. Title deed

2. Approved layout/building plan

3. Land use permission (CLU)

4. NOCs (fire, environment, airport, etc.)

5. PAN & Aadhaar

6. Developer’s photographs

For Agents:

1. Business registration documents

2. Income tax returns

3. Photographs and identity proofs

4. Office address proof

Step 5: Pay the Registration Fee

Fees vary based on:

1. Land area

2. Type of project (residential/commercial)

3. Location (urban/rural)

Payments are made online, and a receipt is generated.

Step 6: Submit the Application

Once everything is complete, submit your application. You’ll receive an acknowledgment number for future tracking.

Step 7: Scrutiny and Clarification

The RERA Authority examines:

1. Document accuracy

2. Legal approvals

3. Financial stability of promoter

They may ask for clarifications or additional submissions.

Step 8: Certificate Issuance

Once approved, your RERA Certificate will be issued and can be downloaded from the portal.

People Also Read: Difference Between Rera Registered And Compliant Projects

How to Check if a Project Has a Valid RERA Certificate

Step-by-Step Verification:

1. Visit the official RERA portal for the respective state.

2. Navigate to “Search Registered Projects/Agents.”

3. Enter:

   1. Project name

   2. Developer/Promoter name

   3. Registration number

4. Click “Submit”

5. Review details:

   1. Validity of RERA certificate

   2. Construction status

   3. Complaints filed (if any)

   4. Project milestones

Always verify before signing any agreement or making payments.

People Also Read: All You Need to Know About RERA Maharashtra and the MahaRERA Act

Consequences of Non-Compliance with RERA Registration

For Developers:

1. Fine up to 10% of estimated project cost

2. Imprisonment up to 3 years

3. Revocation of registration

For Agents:

1. Fine of ₹10,000/day for every day of non-compliance

2. Permanent blacklisting or suspension

For Buyers:

• If the project is not RERA-registered:

  1. You cannot file complaints under the RERA Tribunal.

  2. You risk losing your investment.

People Also Read: Facing Delays in Property Possession? Know Your Legal Options

Benefits of RERA Certificate for Homebuyers

Benefits of RERA Certificate for Developers and Agents

Common Mistakes to Avoid While Applying for RERA Certificate

1. Submitting incomplete documents

2. Ignoring state-specific RERA rules

3. Mentioning incorrect land ownership details

4. Missing important NOCs

5. Not disclosing past project failures

Tip: Always consult a real estate legal expert or use professional services to complete your application properly.

RERA Certificate Validity and Renewal

1. A RERA certificate is valid till the completion date mentioned in the application.

2. For delays, developers must apply for an extension.

3. Failure to renew may lead to automatic project cancellation.

State-Wise Differences in RERA Rules

While the core law is central, implementation is state-specific. Some key differences include:

Key Legal Provisions Related to RERA Certificate

Conclusion

A RERA certificate is your first shield against real estate fraud. It transforms uncertainty into confidence—whether you're building, selling, or buying property.

For developers and agents, it’s more than just a legal formality—it’s a statement of professionalism and transparency.

For buyers, it’s your only guarantee that the project is genuine, monitored, and protected by law.

• Before you invest, verify.
• Before you sign, check RERA.
• Before you trust, demand the certificate.

People Also Read: New Rules For Divorce In India 2024: A Comprehensive Guide

Why This Judgment Matters

Before this ruling, many alimony payments did not keep up with rising living costs. Women who were financially dependent on their husbands often received low maintenance amounts that were not enough to support the lifestyle they had during marriage. This judgment changes that by:

1. Increasing the monthly alimony to a more reasonable figure

2. Including automatic increases every two years

3. Giving long-term residential security through property transfer

It sends a strong message that divorced spouses, especially women who stay unmarried, deserve financial stability and dignity after separation.

People Also Read: How To Apply For Divorce

The Story Behind the Case

Timeline:

1. Married in: 1997

2. Separated in: 2007

3. Divorce finalized in: 2019

Rakhi Sadhukhan had been fighting a legal battle for over 17 years. Initially, she was awarded ₹8,000/month as interim maintenance in 2010. This was increased to ₹20,000/month by the Calcutta High Court in 2016. But Rakhi argued that this amount was still too low, especially considering inflation and her standard of living during the marriage.

Her ex-husband, Raja Sadhukhan, claimed that he had limited income, responsibilities from a second marriage, and elderly parents to support. He also argued that their son, now an adult, was no longer dependent.

People Also Read: Comprehensive Guide to Divorce Documents in India: A Step-by-Step Approach

What the Supreme Court Decided

The Supreme Court reviewed all the facts and gave a clear, strong judgment:

1. Monthly Alimony Raised to ₹50,000: This is more than double the previous amount.

2. 5% Increase Every 2 Years: To adjust for inflation and rising costs of living.

3. Home Ownership Given to Wife: The court ordered that the shared flat must be transferred to Rakhi’s name. The husband must also clear any outstanding home loan.

This combination of regular payments and property ownership ensures that Rakhi will have both income and a place to live, offering her long-term security.

People Also Read: Fastest Divorce Process : How To Get A Quick Divorce

Court’s Stand on Standard of Living

The court said that alimony is not just about survival. It should reflect the lifestyle the wife had during the marriage. This means courts must consider:

1. Quality of home

2. Healthcare access

3. Social and travel habits

4. Educational and personal development opportunities

This marks a shift in mindset: from viewing alimony as a handout to treating it as a way to maintain continuity in lifestyle.

People Also Read: Grounds of Divorce for Husband in India

Income Will Be Examined Closely

The court also made it clear that the paying spouse’s entire financial history will now matter. This includes:

1. Current salary

2. Past earnings

3. Undeclared income

4. Investments and assets

The husband’s excuse of a second marriage and aged parents was rejected. The court said that remarriage cannot be used to reduce support to the first wife.

This ensures fairness and stops people from hiding income to avoid paying fair alimony.

Inflation-Linked Alimony: Why It Matters

A major highlight of the judgment is the 5% hike in maintenance every two years. This is important because:

1. Traditional alimony amounts remained fixed

2. Cost of living keeps rising

3. Going back to court for revisions is time-consuming

Now, the increase is automatic. This provides security and avoids future legal battles.

People Also Read: Alimony Explained How To Calculate Alimony Maintenance In India

Property Instead of Monthly Payments

Another big takeaway is that the court allowed property to be used as part of the alimony. The marital home will now belong to the wife. This helps:

1. Avoid monthly payment issues

2. Ensure long-term shelter

3. Reduce stress and court follow-ups

This idea could become more common in future divorce settlements, especially in big cities where rents are high.

People Also Read: In a historic judgement, Supreme Court provides guidelines for deciding compensation and maintenance in matrimonial cases

Encouraging Quick Settlements

This case shows that long court battles can backfire. Initially, Rakhi got ₹8,000/month. Over the years, this was increased to ₹75,000/month when the husband failed to appear in court in 2023.

This shows that delays can lead to higher financial burdens. It also encourages both parties to settle early and fairly.

Maintenance vs. Inheritance

The court also made an important point: maintenance and inheritance are not the same. Divorce does not affect a child’s right to ancestral property.

This clarity helps avoid confusion and protects children’s future rights.

People Also Read: Understanding the Legal Rights of Women in Divorce Cases in India

Impact on Future Divorce Cases

This ruling will change how alimony is awarded in India:

1. Standard of living will be the key factor

2. Past and present income will be examined in detail

3. Inflation-linked increases may become standard

4. Property can be awarded instead of or in addition to monthly cash

Women who were underpaid in previous cases may now have a stronger case to request fairer terms.

People Also Read: Permanent and Interim Maintenance in Void Marriages: Legal Rights & Provisions

Final Thoughts

The Supreme Court’s decision in this case is a big step toward fairness in divorce settlements. It recognizes the years that many women dedicate to their families without earning income, and ensures that they are not left without support after a marriage ends.

This case is not just about one woman. It’s about setting a new standard—one where financial dignity after divorce is not optional, but necessary.

People Also Read: What Is Property Sale Agreement Definitions And Details

Background of the Case

Parties Involved

The dispute revolved around a sale agreement allegedly executed in 1982. The respondent in the case claimed ownership rights and protection from dispossession based on this agreement. However, the agreement was never registered at the time of execution, as is required under Indian law.

Core Issue

The main legal question before the Court was:

Can an unregistered sale agreement—executed decades ago—be validated after years and form the basis of ownership or protection against dispossession?

The respondent argued that the original agreement was "validated" in 2006 by the Assistant Registrar. However, the appellants challenged the legality of such validation, citing that the delay in registration was far beyond the permissible limit under the Registration Act, 1908.

Supreme Court's Observations

Key Sections Discussed

• Section 17 of the Registration Act, 1908 – Mandates registration of documents concerning the transfer of immovable property.

• Section 23 – Allows a period of four months for registering a document from the date of execution.

• Section 34(1) Proviso – Gives the Registrar the power to condone a further four-month delay for registration on payment of a fine.

The Verdict

The bench comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran unequivocally held that:

“The agreement of 1982, the original one and the revalidated one, cannot result in a valid title, merely for reason that the subsequent instrument had been registered.”

In essence, a document that was never registered within the stipulated legal time cannot be relied upon decades later to establish ownership or defend against dispossession.

Why Registration Is Critical in Property Transactions

1. Legal Enforceability

Under Indian law, any transaction involving the sale of immovable property worth more than ₹100 must be registered. Without registration, such agreements are:

1. Legally inadmissible as evidence in court.

2. Not valid to convey title to the buyer.

3. Unable to provide protection against dispossession.

2. Protection Against Fraud

Registration ensures that all transactions are recorded in a government registry. This helps prevent:

1. Multiple sales of the same property

2. Forgery or alteration of ownership claims

3. Illegal occupation or encroachment

3. Clarity of Ownership

Registered sale deeds provide an official, government-verified proof of ownership, which is essential for:

1. Mutation of land records

2. Loan applications

3. Future resale of property

People Also Read: Understanding The Property Registration Process

Legal Analysis of the Supreme Court’s Judgment

Misuse of “Validation” Clause

In this case, the respondent relied on a 2006 revalidation of the original 1982 agreement to assert their ownership. However, the Court made it clear that:

1. The validation of an unregistered agreement after two decades has no legal standing.

2. The Registration Act’s time limit (4 months + 4 months grace period) must be followed strictly.

3. No authority exists to validate an unregistered document 24 years after its execution.

High Court’s Error

The Supreme Court observed that the High Court had erred in granting protection from dispossession based on such an outdated and unregistered agreement. It reiterated that:

"The protection of ownership and possession under law is only available when title is legally transferred."

Thus, equity cannot override express provisions of law.

Impact on Property Law and Real Estate Practices

1. No Loophole via “Validation”

The ruling closes any loophole where parties attempt to validate unregistered documents years later. This will have a ripple effect on many pending cases involving old, unregistered agreements.

2. Encourages Timely Compliance

Buyers and sellers must now ensure that:

1. Sale agreements are registered promptly.

2. All procedures under the Registration Act are followed strictly.

Failure to do so could invalidate the entire transaction and lead to legal disputes.

3. Real Estate Regulation Tightened

This judgment strengthens the legal position that:

1. Ownership must be evidenced through registered instruments.

2. No informal or oral agreements, no matter how old, will hold water without proper registration.

Key Takeaways for Property Buyers

Always Register the Sale Agreement

Don’t rely on verbal or informal agreements. Get your documents registered at the Sub-Registrar’s Office within the time limit.

Don’t Ignore Legal Deadlines

Missing registration deadlines can invalidate your transaction entirely.

Possession ≠ Ownership

Even if you’ve paid for a property and have moved in, you don’t own it legally until the sale is registered.

Seek Legal Advice

If you're entering a property transaction, it’s advisable to consult a property lawyer to ensure all legal aspects are covered.

People Also Read: What Are The New Rules For Property Registration In India

Legal Provisions Revisited

Section 17 – Documents That Need Registration

Includes:

1. Sale of immovable property

2. Lease of property for more than 12 months

3. Gift deeds

Section 23 – Time for Presentation

States that a document must be presented within 4 months from the date of execution.

Section 34(1) – Delay Condonation

Allows Registrar to condone delay of up to another 4 months upon payment of fine, but not beyond that.

Judicial Precedents Cited

Apart from the current ruling, previous Supreme Court decisions have also highlighted similar principles:

• Suraj Lamp & Industries vs State of Haryana (2011):
  Stated that power of attorney sales and unregistered agreements do not convey title.

• K.B. Saha and Sons Pvt. Ltd. v. Development Consultant Ltd. (2008):
  Held that unregistered documents are inadmissible in evidence unless for collateral purposes.

Implications for Legal Practitioners and Courts

1. Courts must reject claims based on unregistered documents.

2. Lawyers must advise clients on the mandatory nature of registration.

3. Parties must not approach courts with claims based on time-barred or invalid sale agreements.

People Also Read: Power of Attorney for Property Registration in India Legalkart

Conclusion

The Supreme Court’s ruling sets a strong precedent that:

“An unregistered sale agreement, even if later validated, cannot create or transfer legal ownership rights.”

In a country where informal property transactions are common, this judgment serves as a wake-up call for both buyers and sellers. Legal compliance isn’t just paperwork — it’s the foundation of your rights. Always register your agreements, keep records in order, and consult professionals to avoid future disputes.

Whether you're a buyer, seller, lawyer, or real estate consultant — this judgment reiterates a basic but powerful truth: No registration, no protection.

People Also Read: Mednce in India: Understanding the Laws and Legal Procedureical Neglige

What Is HIV?

HIV stands for Human Immunodeficiency Virus, a virus that attacks the body’s immune system, especially white blood cells called CD4 cells. If untreated, HIV can lead to AIDS (Acquired Immunodeficiency Syndrome), the most severe phase of HIV infection.

Common Modes of Transmission:

1. Unprotected sexual contact (vaginal, anal, oral)

2. Sharing contaminated needles or syringes

3. From mother to child during childbirth or breastfeeding

4. Blood transfusions (in rare cases due to screening protocols)

HIV cannot be spread through casual contact, kissing, hugging, or sharing food, making education and prevention crucial.

What Does It Mean to “Sue Someone for Giving You HIV”?

Suing someone for HIV transmission means taking legal action against a person who knowingly or negligently exposed you to the virus. This is typically a civil lawsuit, where you may seek financial compensation for:

1. Medical bills

2. Loss of income

3. Emotional trauma

4. Pain and suffering

5. Punitive damages (in cases of intentional transmission)

In certain cases, criminal charges may also be brought against the person.

People Also Read: Step-by-Step Guide: How to Claim Compensation for Medical Negligence in India
 

Can You Sue for HIV Transmission? Yes, But It Depends

Not every case qualifies for legal action. The right to sue largely depends on:

1. Whether the person knew they were HIV positive

2. Whether they disclosed their status

3. Whether you consented with full knowledge

4. The jurisdiction’s laws (state, country-specific)

Common Legal Grounds:

1. Negligence

You can sue someone for negligence if:

1. They had a duty of care to inform or protect you

2. They breached that duty by not informing you or taking precautions

3. You were infected as a direct result

Example: A sexual partner who knows their status but does not use a condom or disclose the risk.

2. Intentional Transmission (Battery/Assault)

When someone deliberately hides their status and exposes you:

1. It may amount to battery or assault under tort law

2. Higher damages may be awarded in such cases

Example: Someone lies about being HIV-negative, leading to unprotected sex.

3. Criminal Charges

In India and several other jurisdictions, knowingly transmitting HIV may be a criminal offence:

1. Under Section 270 IPC (Indian Penal Code): Malignant act likely to spread infection

2. Under HIV and AIDS (Prevention and Control) Act, 2017, deliberate non-disclosure can result in penalties

However, criminal charges do not automatically lead to compensation—you must file a separate civil lawsuit to claim damages.

People Also Read: Medical Negligence and Doctor Liability: Supreme Court's Latest Clarificatio

What Evidence Do You Need to Sue Someone for Giving You HIV?

Legal action requires strong, credible evidence. Here’s what may be necessary:

1. Medical Records

1. Your HIV diagnosis timeline

2. Previous negative tests (if any)

3. Doctor’s notes confirming likely date of infection

2. Proof of Defendant’s HIV Status and Knowledge

1. Their medical records (if accessible)

2. Texts, emails, or verbal statements showing they knew

3. Testimonies from mutual contacts

3. Proof of Contact

1. Sexual history, messages, or photographs

2. Evidence of shared needles or blood contact

3. Medical or behavioral testimony

4. Communication Evidence

1. Screenshots, chat logs, or call recordings

2. Social media messages or email conversations

3. Admissions or denials related to their health status

How Long Do You Have to File a Lawsuit?

This is governed by the Statute of Limitations—a legal time limit within which you must file a lawsuit.

In India:

1. Typically, 2 to 3 years from the date of discovery

2. Exceptions may apply if the exposure was recent or delayed due to valid reasons

Acting quickly is crucial. Delays can result in case dismissal, even if your claim is valid.

What Kind of Compensation Can You Get?

If the court rules in your favor, you may be entitled to various types of compensation:

1. Medical Costs

1. HIV medications (ART)

2. Doctor consultations

3. Therapy and counseling

2. Lost Income

1. Missed work due to treatment

2. Job loss or reduced employability

3. Pain and Suffering

1. Mental distress

2. Trauma, depression, or anxiety

3. Loss of reputation or relationships

4. Punitive Damages

1. To punish the wrongdoer

2. Applicable in cases of intentional harm

What Are the Challenges in Suing for HIV Transmission?

While the law supports victims, real-life lawsuits can be hard to win. Here’s why:

1. Proving the Source of Infection

• If you’ve had multiple sexual partners or exposures, linking HIV transmission to one person is complex

2. Proving Intent or Knowledge

• If the defendant claims they didn’t know their status, proving otherwise is tough

3. Privacy and Social Stigma

1. Legal filings can reveal personal health details

2. Emotional burden of public exposure is high

4. High Legal Costs

1. Expert attorneys, medical witnesses, and lab tests can be expensive

2. Some firms may take on cases on a contingency basis (no fee unless you win)

What Should You Do If You Think Someone Gave You HIV?

If you believe you’ve been knowingly infected by someone, follow these steps:

1. Seek Immediate Medical Help

1. Get tested for HIV and other STDs

2. Begin antiretroviral therapy (ART) as soon as possible

2. Document Everything

1. Save messages, call logs, and emails

2. Record details of any in-person conversations

3. Contact a Lawyer

1. Look for lawyers who specialize in personal injury or HIV-related cases

2. Discuss legal options confidentially

4. Know Your Rights Under the Law

1. The HIV/AIDS (Prevention and Control) Act, 2017 in India protects individuals from discrimination

2. You have the right to pursue compensation and protect your health

Can You Defend Yourself if Accused of Giving HIV?

Yes. If someone accuses you of HIV transmission, you have the legal right to defend yourself.

Possible Defenses:

1. You did not know your status at the time

2. You disclosed your status and had mutual consent

3. The plaintiff was infected by someone else

4. You used protection or took precautions

Recommended Action:

1. Consult a defense lawyer immediately

2. Avoid public discussions or social media posts

3. Gather your medical records and communication history

How to Prevent HIV Transmission and Protect Yourself

Prevention remains the most effective strategy. Here’s how to protect yourself and others:

If You Are HIV-Negative:

1. Use condoms consistently

2. Avoid sharing needles

3. Get tested regularly

4. Consider Pre-Exposure Prophylaxis (PrEP)

If You Are HIV-Positive:

1. Disclose your status to sexual partners (legally required)

2. Use protection and safe practices

3. Stay on ART to lower your viral load

4. Consider Post-Exposure Prophylaxis (PEP) in case of accidental exposure

Final Thoughts

The question “Can you sue someone for giving you HIV?” doesn’t have a one-size-fits-all answer. Yes, the law provides avenues for legal action—but it requires a careful review of evidence, a clear understanding of intent, and access to legal support.

Whether you're a victim or wrongly accused, the stakes are high—emotionally, financially, and socially. HIV is no longer a death sentence, but the law recognizes the deep impact of being infected without consent or knowledge. Seeking justice is your right, and this guide aims to help you understand how to use it wisely.

Summary: Can You Sue Someone for Giving You HIV?

1. Yes, you can sue someone for transmitting HIV if they did it knowingly or negligently.

2. Grounds for lawsuit include negligence, intentional harm, or criminal exposure.

3. You need strong evidence: medical records, proof of knowledge, communication history.

4. Act within the statutory deadline, usually 2-3 years from discovery.

5. Compensation includes medical bills, lost income, mental anguish, and punitive damages.

6. Challenges include proving the source, privacy concerns, and emotional toll.

7. Consult an experienced attorney as early as possible to explore your rights.

People Also Read: Muslim Marriage Law In India Know About Marriage Divorce Second Marriage

What is Batil Nikah?

The term Batil originates from Arabic, meaning null, void, or invalid. In legal terms, a Batil Nikah is a marriage that is void ab initio—that is, invalid from the very beginning. Such a marriage is considered to have never legally existed under Muslim law.

Unlike a regular separation through divorce (Talaq), where the marital relationship is formally dissolved, in a Batil marriage, the law assumes that the marital relationship never came into existence.

Importance of Understanding Batil Marriages

Recognising Batil marriages is critical because:

1. It protects individuals, especially women, from being trapped in non-legally recognized unions.

2. It prevents social and legal complications, including issues related to legitimacy of children, inheritance, and maintenance.

3. It reinforces Sharia’s objective of preserving lineage, family honor, and moral order.

Essentials of a Valid Muslim Marriage (Sahih Nikah)

Before diving into the void marriages, let’s recap the requirements for a valid Muslim marriage:

Failure to satisfy these essential elements may render the marriage either Fasid (irregular) or Batil (void) depending on the nature of the defect.

Grounds for Declaring a Marriage Batil under Muslim Law

Marriage Within Prohibited Blood Relationships (Consanguinity)

A marriage between individuals related by blood, such as:

1. Brother and sister

2. Father and daughter

3. Uncle and niece

4. Aunt and nephew

is absolutely prohibited and void under Islamic law. The Quran explicitly forbids such unions in Surah An-Nisa (4:23) due to concerns of morality, health, and lineage.

Example: A marriage between a man and his biological sister is Batil.

Affinity (Marriage Through Relation by Marriage)

Affinity refers to prohibited relationships established through marriage. These include:

1. A man marrying his stepdaughter (wife’s daughter from previous marriage)

2. Marrying mother-in-law, daughter-in-law, or wife’s grandmother

Such marriages are void as per traditional Islamic rulings, primarily for the sanctity of family structures.

Fosterage (Rada or Milk Relationship)

A unique feature of Islamic law is the concept of Rada (milk kinship). If a child is breastfed by a woman five or more times within the first two years, she becomes the foster mother.

Prohibited foster relations include:

1. Foster mother

2. Foster sister

3. Foster aunt

Marriage within these relationships is Batil, regardless of lack of blood relation.

Marriage During Iddat Period

Iddat is the mandatory waiting period after a woman's divorce or the death of her husband before she can remarry.

1. Under Shia law, marriage during Iddat is considered void (Batil).

2. Under Sunni law, it is irregular (Fasid) but can be later regularised.

Practical Note: A man marrying a woman who is in Iddat after divorce from her previous husband commits Batil Nikah under Shia law.

Bigamy – Marrying a Woman Already Married

Islam allows polygyny (up to 4 wives for men) but not polyandry. If a woman is already married and her marriage has not been dissolved, any further marriage by her is void.

Likewise, a man cannot marry someone else's wife if she is not legally divorced.

This protects the sanctity of existing marriages.

Marriage with a Fifth Wife

Islamic law explicitly limits a man to four wives at one time.

• A fifth marriage, without divorcing any existing wife, is Batil under all Islamic schools.

This provision aims to prevent exploitation and ensure fairness among spouses.

People Also Read: Understanding the Validity of Talaq: Does Non-Return of Mehr Affect Divorce?

Consequences of Batil Nikah

The legal and social consequences of Batil Nikah are serious and wide-ranging:

No Legal Marital Status

The couple is not recognised as husband and wife. There is no marital bond in the eyes of law.

No Right to Maintenance or Mahr

The woman is not entitled to claim maintenance (nafaqah) or dower (mahr) since no valid marriage exists.

Children are Considered Illegitimate

Traditionally, children born out of Batil marriages are considered illegitimate and:

1. Cannot inherit from the father.

2. May face social stigma.

However, the Supreme Court of India, in cases like Revanasiddappa vs. Mallikarjun (2011), has protected property rights of such children to an extent.

No Inheritance Rights

The spouses cannot inherit from each other as there is no valid marital relationship.

No Legal Remedy in Court

Neither party can seek:

1. Judicial separation

2. Restitution of conjugal rights

3. Divorce

As per law, no divorce is required to separate from a Batil marriage since the marriage is void from the beginning.

Batil vs. Fasid Marriage: Key Differences

Rationale Behind Declaring Some Marriages Void

Islamic law does not declare marriages void arbitrarily. There are clear social, ethical, and legal reasons for doing so:

Preserving Lineage and Family Structure

Prohibiting incestuous or affinity-based marriages helps prevent confusion in inheritance and identity.

Avoiding Genetic Disorders

Scientific research confirms that consanguineous marriages increase the risk of genetic abnormalities.

Protecting Women’s Rights

By limiting polygamy and regulating remarriage, Islamic law aims to protect women from abuse and exploitation.

Upholding Social Morality

Marriage with a stepdaughter, foster mother, or during Iddat violates community norms and religious ethics.

People Also Read: About The Polygamy Law Among The Muslims In India

Treatment under Different Schools of Muslim Law

This shows that Shia law is stricter on what is declared void than Sunni law.

Case Law and Practical Insights

Case: Mohammad Ameen vs. Fatima Begum (1930)

Held that a marriage contracted during the subsistence of an earlier valid marriage without divorce is void, and no maintenance can be granted.

Case: Revanasiddappa vs. Mallikarjun (2011)

The Supreme Court ruled that children born from void marriages are not at fault and deserve property rights under Article 14 of the Constitution.

Precautions Before Entering a Marriage under Muslim Law

To avoid complications:

1. Verify there is no existing marriage (for women).

2. Confirm the woman is not in Iddat.

3. Ensure no prohibited relationship exists.

4. Seek witnesses and proper documentation.

Consulting an Islamic legal scholar or a family lawyer is strongly recommended before Nikah.

Conclusion

A Batil Nikah is not a mere defect—it is a complete legal nullity. Muslim law places significant importance on following prescribed conditions for a valid marriage. Violation of fundamental principles, especially those concerning prohibited relationships, remarriage, or polygamy limits, results in a Batil marriage.

Such marriages:

1. Do not give rise to legal rights or duties

2. Leave children without automatic inheritance rights

3. Are treated as if they never existed

Understanding Batil Nikah is vital not just for religious compliance, but also for protecting individual rights and ensuring legal clarity. Whether you are considering marriage under Muslim law or seeking remedies after a problematic union, awareness is the first step toward safeguarding your legal and spiritual interests.

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What Is Doxxing?

Doxxing is the act of collecting and publicly posting someone’s sensitive personal information, such as:

1. Full name

2. Residential address

3. Contact numbers

4. Email ID

5. Financial details (bank account, Aadhaar, PAN)

6. Employer/workplace

7. Photos, videos, or private chats

Unlike hacking, doxxing usually doesn’t involve breaking into a computer. Instead, perpetrators use public databases, social media, or data breaches to collect and publish sensitive information—often to threaten, harass, or silence victims.

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Why Do People Doxx Others?

People engage in doxxing for various reasons, many of which are malicious. Here are the most common motivations:

1. Revenge: After personal disputes or breakups.

2. Cyberbullying: To humiliate or intimidate the victim.

3. Political/ideological disagreements: Often targeting activists, whistleblowers, or journalists.

4. Trolling: For amusement or group vendettas.

5. Misinformation or mistaken identity: Where innocent people are wrongly targeted.

Regardless of the motive, the harm inflicted is often severe and lasting.

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The Harm Caused by Doxxing

Doxxing can lead to both emotional trauma and real-world consequences, such as:

1. Threats or harassment (via phone, email, or in-person)

2. Loss of employment

3. Physical stalking or assault

4. Mental health damage: anxiety, depression, PTSD

5. Identity theft or financial fraud

6. Damage to personal and professional reputation

Because of these severe outcomes, victims often turn to the law for protection and redress.

Is Doxxing Illegal in India?

India does not yet have a standalone law criminalizing “doxxing” by name. However, several legal provisions under Indian law can apply:

1. Information Technology Act, 2000

• Section 66E: Punishes violation of privacy by capturing, publishing, or transmitting images of a private area.

• Section 67: Deals with publishing or transmitting obscene material online.

• Section 72: Covers the breach of confidentiality and privacy by intermediaries or platforms.

2. Indian Penal Code (IPC)

• Section 354D: Stalking, including online stalking.

• Section 499 & 500: Defamation (civil and criminal).

• Section 503: Criminal intimidation.

• Section 507: Anonymous criminal intimidation.

• Section 509: Words, gestures, or acts intended to insult modesty.

3. Right to Privacy

The Supreme Court of India’s 2017 judgment in Justice K.S. Puttaswamy vs. Union of India affirmed the right to privacy as a fundamental right under Article 21 of the Constitution.

Hence, doxxing that violates someone’s privacy can be a constitutional violation as well.

Can You Sue Someone for Doxxing?

Yes, victims can file a civil lawsuit for damages and injunctive relief. Here’s how:

A. Civil vs. Criminal Action

• Criminal action: File a police FIR under IPC and IT Act sections. Punishment includes jail, fines.

• Civil lawsuit: Sue for damages (monetary compensation), restraining orders (injunction), and removal of content.

Requirements to Sue for Doxxing

To succeed in a civil lawsuit, you’ll generally need to prove the following:

1. Proof of Harm

You must show that the doxxing caused one or more of the following:

1. Mental trauma (supported by medical/psychological reports)

2. Financial losses (identity theft, job loss)

3. Physical danger (threats, stalking)

4. Reputation damage

2. Identification of the Doxxer

This is often the hardest part, especially if they used anonymous usernames or VPNs. But you can:

1. File complaints to platforms for IP disclosure.

2. Seek court orders/subpoenas to compel disclosure from ISPs or social media.

3. Evidence of Doxxing

Collect:

1. Screenshots of doxxed content

2. Links to websites or posts

3. Date and time stamps

4. Threatening messages, comments, emails

5. Witness accounts (if available)

The stronger your documentation, the more persuasive your claim in court.

How to File a Civil Lawsuit for Doxxing in India

Here’s a step-by-step guide:

Step 1: Report the Incident

1. Report to the cybercrime cell at https://cybercrime.gov.in

2. Report to the website or social media platform (Facebook, X, Reddit, etc.)

3. Request takedown/removal

Step 2: File a Police Complaint (FIR)

Visit your local police station or cyber police station and file an FIR under relevant sections (IPC + IT Act). Provide:

1. Evidence of doxxing

2. Screenshots

3. Your identity proof

Step 3: Consult a Cyber Law Expert

A lawyer specializing in internet law or data privacy can:

• Evaluate your case

1. Draft legal notices

2. Send cease-and-desist letters

3. File suit in civil court

Step 4: File the Lawsuit in Civil Court

Your lawyer will file:

1. Civil suit for damages and injunction

2. Application for interim relief: urgent orders to stop further spread of data

You can file in the District Court or High Court, depending on the jurisdiction and relief sought.

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What Compensation Can You Claim?

A successful lawsuit may grant:

1. Compensatory Damages

1. Medical expenses (if caused stress-related illness)

2. Job loss or loss of income

3. Psychological treatment costs

2. Punitive Damages

To punish the offender and serve as a warning to others.

3. Injunctions

1. Court order to delete/remove published data

2. Stop the doxxer from repeating the act

4. Restitution of Reputation

1. Apology or public clarification by the offender

2. Deletion of defamatory material

What If the Doxxer Is Anonymous?

Even if you don’t know who doxxed you:

1. Your lawyer can issue notices to websites and social media platforms under IT Rules, 2021, seeking user data.

2. Platforms must respond within a defined period (usually 36 hours).

3. You can get court orders for discovery of identity via IP address.

Other Legal Issues Related to Doxxing

1. Defamation

If the doxxed content includes false or defamatory statements, you can file for:

• Civil Defamation: damages

• Criminal Defamation: IPC Section 500 (punishable with imprisonment)

2. Invasion of Privacy

Publishing private facts without consent—even if true—is legally actionable.

3. Cyberbullying/Harassment

Repeated targeting through messages, emails, or public posts may also constitute harassment under IPC and IT laws.

4. Identity Theft or Fraud

If personal details are used to impersonate you for fraud or transactions, Section 66C of the IT Act applies.

How to Protect Yourself from Doxxing

1. Lock Down Privacy Settings

Make all social media accounts private. Avoid posting sensitive information online.

2. Use Strong Passwords & 2FA

Use a password manager and enable two-factor authentication on all platforms.

3. Monitor Your Digital Footprint

Regularly search your name and email address on search engines to check for exposure.

4. Use a VPN

Mask your IP address while browsing to reduce traceability.

5. Opt-Out of Data Broker Sites

Use services like DeleteMe or Incogni to remove your data from data collection sites.

What If You’ve Been Doxxed But Don’t Want to Sue?

Not everyone wants to go through litigation. Here are some alternative steps:

A. Takedown Requests

File takedown requests with search engines (Google’s “Right to be Forgotten” form) or directly with platforms.

B. Law Enforcement Involvement

In case of threats or stalking, report to local police or cyber cell.

C. Seek Counseling

Doxxing can trigger trauma. Consult a licensed mental health professional.

D. Digital Hygiene

Update privacy settings and use digital safety tools (like email aliasing or secure messaging apps).

International Perspectives: Is Doxxing Illegal Elsewhere?

• United States: No uniform federal law, but state laws (California, Texas) and stalking laws apply.

• UK: Covered under Malicious Communications Act and Data Protection laws.

• European Union: Violates GDPR due to non-consensual data processing.

• Canada: Covered under Criminal Code, especially sections dealing with harassment and identity theft.

India may benefit from a clear, standalone law targeting doxxing, as seen in other jurisdictions.

Final Thoughts

Doxxing is not just an online nuisance—it’s a serious threat to your safety, dignity, and mental well-being. Fortunately, the law does offer ways to fight back.

Filing a civil lawsuit can help victims seek justice, recover damages, and stop the spread of harmful information. While the process may be complex, a knowledgeable lawyer and proper documentation can greatly improve your chances of success.

Your privacy matters. Take it seriously—and don’t hesitate to assert your rights if violated.