Will d v act apply?
Ratna Singh
(Querist) 02 October 2013
This query is : Resolved
Will DV Act apply for claiming maintenance in a case under sec. 417 ipc for breaking promise of marriage after indulging in physical relationship?
Advocate M.Bhadra
(Expert) 02 October 2013
No,D.V. Act lies only when marriage is admitted as per provision respective marriage act,however you can lodge police complaint and file a criminal case u/sec.493 IPC or 376 IPC
Section 493 in The Indian Penal Code, 1860
-- Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.-- Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 376 in The Indian Penal Code, 1860
Punishment for rape.--
(1) Whoever, except in the cases provided for by sub- section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Rajendra K Goyal
(Expert) 02 October 2013
Well advised with the expert Advocate M.Bhadra ji, nothing more to add.
Ratna Singh
(Querist) 02 October 2013
In fact one of my relative is being harassed by a girl whom he had contacted and met through a matrimonial agency but due to some reason he refused her. Although now he is happily married, she has filed a false criminal case against him u/s 417 that he took her here and there, to his relatives' houses and made physical relationship saying that we are going to be married and later refused her. And now she has filed an application under dv act for maintenance. Is it maintainable? What else can I suggest him?
ajay sethi
(Expert) 02 October 2013
if your relative had live in relation ship then DV would be applicable .
Ratna Singh
(Querist) 02 October 2013
It is nothing like that. She is doing all this only to extract money from him. Please suggest what defence can be taken.
Ratna Singh
(Querist) 03 October 2013
Plz suggest whether application under d v act in the above circumstances can be proved infructuous?
Raj Kumar Makkad
(Expert) 06 October 2013
DVC is duly applicable in live in relationship.
