493/376
rakhiraj
(Querist) 27 March 2012
This query is : Resolved
a bf and gf stay together on every weekend from3-4 yrs is that possible gf can file 493 case/376? when bf refuse to marry her. if yes what type evidence require if gf has only pics and only her statement.
this type of relationship is that living relation ship?
what is adultry case?
what type of case should be file aginst the bf ?
Adv.R.P.Chugh
(Expert) 27 March 2012
Dear Querist,
493 is clearly not attracted as no belief was caused in woman that they are both ALREADY married.
As regards 376 - a complaint can certainly be made - a consent to sexual intercourse given under misconception of fact (false promise to marry) is not a good consent in the eyes of law.
If woman is able to prove that her consent was vitiated on account of false promise to marry (for which you would have to prove
i) Misconception of Fact - false promise of marriage induced the girl to get into sexual relationship.
ii) The guy knew that woman won't consent but for the promise to marry and he did not want to marry in the first place.
(Read Y.S.Rao v. State - 2006 SC)
if the above are proved - a rape offence is squarely made out.
Adultery is clearly not attracted.
Shonee Kapoor
(Expert) 27 March 2012
If it is a false complaint, it can be filed anytime by anyone.
However, false complaints of rape are also rampant.
So it is better to choose the partner carefully and also to end the relations amicably.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 28 March 2012
Dear Rakhiraj,
Committing a mistake is very easy and then we have to investigate the ways and means to come out of it.The passion towards each other has ended and both of you are looking for legal remedies.
What would you do if she files 376.There are many sub-sections in it,wherein you can be procecuted.
Guest
(Expert) 31 March 2012
Agree with experts.
V R SHROFF
(Expert) 31 March 2012
Q:
can file 493 case/376? when bf refuse to marry her.
Ans: 493 not applicable.
False 376 cases stands.
It is NOT live in relationship.
it is not adultery, as both r unmarried.
Both needed this relationship, as liked each other, no force, and to prove any offence against bf is very difficult.
