Love break up after 4years of long relationship
GM Vru
(Querist) 21 February 2020
This query is : Resolved
Dear All Advisers i need a clarity in my stand, please help me with correct advise as per Indian Law.
I was in to Long Distance relationship with a girl for 4 years, between as everything over. Due to my current situation in my family not accept our love , i am trying her to explain the situation for past 1 year. she dint understand and she started to threaten me using our close Photos, whatever thing she want me to do.She use to threaten using the photos for past 1 year, i was completely done with my love started anger and done with everything in my life.
Now she is started threaten me that she file a case against me in court to marry her, she is saying a reason that because of over love she threaten me to thing what ever she want. Since she have our close photos and we were in to physical relationship, is it must to marry her as per Indian Law. no other way to recover in life only way to surrender to her since i had physical relationship with her.
Please advise me i was feld up with my life, i am working in abroad now dont want is going to be the procedure, is my job get affect because of her case she is going to file against me in the court.
Raj Kumar Makkad
(Expert) 21 February 2020
Blackmailing is an act done by cowards; one must not fear from threats in the first place. If had lives with her, she had also lived with you. You also having such type of photos which she is claiming in her possession. The following steps can be adopted to help a victim of blackmailing to proceed:
Neutralize the threat: Neutralize the threats that your partner is making. For example, if they are threatening to tell your parents about something you did, you could go to your parents first and be direct and honest about what happened. Surely it is an uncomfortable thing to do, but your blackmailer would no longer be able to control you with that threat.
Turn to Your Support System: A support system can help you stay firm and feel supported during a difficult time. Parents, a friend or a counselor would possibly be able to calm you down. You need to share with them the problem you are facing.
However, doing all the above things won’t help till you take certain critical and necessary legal steps.
Raj Kumar Makkad
(Expert) 21 February 2020
Certainly you can take help of local police and can record the threats and definitely can use against her as India Law provides sufficient remedy to the victims viz.
SECTION 66E OF INFORMATION TECHNOLOGY ACT, 2000 – VIOLATION OF PRIVACY – This section penalises the capturing or publishing the image of a private area of any person without consent. Illustration: A is trying out a new dress in the changing room of a clothing store. B, an employee of the store has hidden a camera that records A while she is changing her clothes. B will be liable under this section for imprisonment which may extend to 3 years.
SECTION 67 OF INFORMATION TECHNOLOGY ACT, 2000 – TRANSMITTING OBSCENE ELECTRONIC MATERIAL – According to this Section, anyone who uses electronic means to publish any picture, video or audio or anything which is capable of defaming a person morally will be considered as a crime and the person doing such an act will be punished with imprisonment which may extend to 5 years and with fine also.
SECTION 67A OF INFORMATION TECHNOLOGY ACT, 2000 – ELECTRONIC MATERIAL CONTAINING SEXUALLY EXPLICIT ACT – According to this Section whoever uses electronic means to publish any material which contains sexually explicit act will be liable for imprisonment which may extend to 7 years. Illustration: A and B are engaged in the act of sexual intercourse in their hotel room. C, an employee of the hotel uses a hidden video camera to record this. He then copies this video recording onto a CD and gives a copy to his friend. C is liable under this section.
SECTION 67B OF INFORMATION TECHNOLOGY ACT,2000 – CHILD PORNOGRAPHY – This Section penalises the publishing of obscene electronic material involving persons below the age of 18 years.
Section 292 in The Indian Penal Code – Sale, etc., of obscene books. Whoever, sale, distribute or does anything to spread pornographic books is charged under this Act. The punishment is two years, and fine which may extend to two thousand rupees.
Section 501 in The Indian Penal Code – Printing or engraving matter is known to be defamatory. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The government has also set up cyber forensic training and investigation labs in various states (till now in 9 states) for the training of law enforcement and also for the judiciary in 3 states. Cyber-crime cells have been set up in all states and Union territories for reporting and investigation of cyber-crime cases.
Raj Kumar Makkad
(Expert) 21 February 2020
Collect all proof showing therein that your partner was well aware that you are not in a position to marry with her and further that she after clearly understanding each and every fact had wilfully decided to live and have all relations with you and now at this stage, she started pressurizing for marriage which is unacceptable for you and as a result of which, she is now making false allegations. Come out openly against her instead of bowing to her pressure tactics.
Sudhir Kumar, Advocate
(Expert) 22 February 2020
she cannot suceed in getting court decree against you to mary her.
but
she can have you in on few non-bailable charges.
Sudhir Kumar, Advocate
(Expert) 22 February 2020
for further appreciation of the situation the following facts are vital:-
(i) did your family and parents know of this relation?
(ii) did they ever earlier agreed for this marriage?
(iii) which caste/community religion you belong?
(iv) which caste/community religion she belongs?
P. Venu
(Expert) 22 February 2020
What was her age when the relationship commenced? Had you promised to marry her? What do you mean by "Long Distance relationship"?
Dr J C Vashista
(Expert) 23 February 2020
Very well explained and advised by experts, which I agree.
Nothing more to add.
Dr J C Vashista
(Expert) 23 February 2020
Staying / maintaining live-in relation iis not an offence in India
You have stated to have been abroad, how do you maintain such relation ?
Raj Kumar Makkad
(Expert) 23 February 2020
The author has alreay clarified have shifted recently to abroad after his failure to persuade his gf. Let she initiate action. Defence be asked thereafter.
GM Vru
(Querist) 24 February 2020
Dear Raj Kumar Sir,
Good Day!!
Thanks for your clarification, one correction we meet in online and we use to meet whenever I come for vacation to India. Initially our family accepted our love due to our family internal issue on my sister’s family and due to Horoscopic match they started to oppose.
Once my family started to oppose the behaviour totally changed from her side. She started to be adamant and started threatened. So, the relationship between us started to broke. She started to threaten for each thing.
Coming to Love Promise- as a love couple everyone initially like to get into marriage same for us, I too say that we will marry together. Later part past one year the issue was going on I was done with thing what she is doing. So I started saying the relationship wont workout.
My top prior question
Will the court say to marry, since we were in sexual relationship, more than a normal love? Since she produces close photos. (The photos are just normal sitting together and some kissing videos casually in room, not too bad or nude photos)
If they file case what will be the steps taken by their side, whether I will receive a court notice, or any imprison?
Will it affect my job which I am doing in abroad now?
Shall I wait for their side to complaint first and start the case or any precaution need to take from my side?
I blocked her in mobile due to continuous disturbance and threaten even after I say her to go legally. Blocking her number will be any issue ? Is it necessary to speak with her ?
She messaged me to come to her layer office to speak ? Its necessary or can reply after the count order we received?
I just need what is the flow of this case in a Advocate and count procedure?
GM Vru
(Querist) 24 February 2020
Mr.Sudhir
1) Yes both the family knows it, intially my family accept and later they regret to accept it. Her family still insist and treated me to marry.
2) Yes intially they agree after our internal family issue , they regret a year back.
3)Both from different caste and same religious
4)Both community under BC category
GM Vru
(Querist) 24 February 2020
Vashista,
She started to threaten by cutting her hand for small small issue. this is the main afraid i faced initially and she compel me to come and meet her .We did this without notice of both family. later when i started to say threat using physical hurt is not good. Then she started to keep the close photos visible to my family members in whatsapp status and facebook to threaten me.
Since i care about her life i use to do what ever.
She is threatening now like , she write a letter and suicide. what the hell i need to do now. I was done with Life.
My family was not supporting since its a girl matter. I was not interested since she will do revenge in my complete life if get into marriage.
Sudhir Kumar, Advocate
(Expert) 24 February 2020
you are still not intimating which caste and religion both of you belong. This is vital for my reaction.
GM Vru
(Querist) 24 February 2020
Mr.Sudhir Sir
Myself-Yadava
Girl-Mudhaliyar
Guest
(Expert) 24 February 2020
Mr.Sudhir Kumar - Deputy Director Sir We are eager to know what Vital reaction would be implemented by your highness after knowing the Caste of the concerned persons please
Guest
(Expert) 24 February 2020
Tsunami 2004 was an Natural Disaster but the only good thing to make out in that was there was no Caste and Religion in the people who helped and saved the life of others during disaster.
Raj Kumar Makkad
(Expert) 24 February 2020
1. The Court shall never pressurize you to marry with each other.
Raj Kumar Makkad
(Expert) 24 February 2020
2. You need to respond only against court notice but better to obtain legal opinion from competent lawyer before practically responding to any notice. You have various legal remedies which can be availed prior to appearance before the court or the police as the case may be.
Raj Kumar Makkad
(Expert) 24 February 2020
3. In case of the receipt of any notice or summon, you need to engage a lawyer of your confidence dealing with such types of cases and take all steps as per his legal opinion.
Raj Kumar Makkad
(Expert) 24 February 2020
4. It shall not affect your job abroad merely on the ground of filing any case against you but your absence from job can definitely affect.
Raj Kumar Makkad
(Expert) 24 February 2020
5.You need to wait for the action before reacting.
Raj Kumar Makkad
(Expert) 24 February 2020
6. Blocking her number shall not affect anyway.
Raj Kumar Makkad
(Expert) 24 February 2020
7. You need not to go with her to her lawyer. You need not to have any contact with her what to talk of attending the office of a lawyer with her and put your signature as per her whims and wishes.
T. Kalaiselvan, Advocate
(Expert) 25 February 2020
This is an offence if she resorts to initiate legal action agaisnt you through police.
This may be covered under the cheating offence punishable under the provisions of section 417 IPC.
Section 417 in The Indian Penal Code. 417. Punishment for cheating. —Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
She has sufficient and substantial proof to prove the relationship between you both hence she may inform in her complaint that the consensual sex between you both happened only after you promised to marry her, and with the documentary evidences she may be able to prosecute you and get you punished.
Even though the court cannot force you to marry her against your willingness, the court may pass the punitive orders for the offence if you are found guilty
Hence you may talk to her and arrive at an amicable solution before the things take a serious and ugly turn.
