Urgent query
asmita
(Querist) 31 March 2015
This query is : Resolved
hi experts i have a query, i was in relationship with a boy for 7 yrs, later he refused to marry and forced me to convert into his religion as we are frm diff. religions, so FIR lodged against him under section 376,420,323,504,506,34 etc. he got arrested, but he got bail after spending one month in jail on the basis that it was mutual consent act, I am trying hard to get justice, after he came out,they all r pressurizing me to tke money and drop the case, one of the friend of that boy threatening me tht i should stop case, 2 NC also reported against her but i want to fight the case till end, state PP is saying go for bail cancellation , please advise me what should i do? cant i get justice as everyone is saying false promise of marriage is not rape, what about forceful conversion?can anybody pls suggest me any judgements related to this. thanks in advance
eagerly awaited for experts advise
Devajyoti Barman
(Expert) 31 March 2015
Yes, on the basis of threats you can apply for cancellation for bail which though is rarely allowed unless fact of coercion is established in court.
Since case is registered forget the merit of it. Fight it out till it sees the light of the day.
Advocate Kappil Cchandna
(Expert) 31 March 2015
Mam,
Share the allegations of FIR , which are important to be known and also share the bail order to see the cancellation of bail thing .....yes threatening can become a good ground but you will have to prove that beyond doubt ....
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 01 April 2015
I would restrict/ desist to advise for taking revenge and agree with counsel for the accused/your boy-friend.
ajay sethi
(Expert) 01 April 2015
apply for cancellation of bail . continue fighting the case .
false promise of marriage amounts to cheating .
SAINATH DEVALLA
(Expert) 01 April 2015
Relationship with a boy for 7 yrs, and the boy ultimately ditching.Very pathetical for the girl.7 long yrs they were not bothered about religioins.She has given him a chance to behave in that manner.Ultimately to get rid of her he has used the tool conversion.Well, complaints,arrests,bails are all ok, but Asmitha ,ultimately UR life is ruined. UR solace would be only if he marries U or he is put behind bars for atleast 7 yrs. False promise of marriage and having livein relationship does not amount to rape, but forceful conversion is a crime.
Guest
(Expert) 01 April 2015
If you have not been converted, your query, "what about forceful conversion," is quite irrelevant.
About your intention, "i want to fight the case till end," you are free to continue your struggle, but retaliation or revenge evokes to similar reaction on the part of the opposite party also leading to ruin of both the parties in the long run.
However, I wonder, if you were not able to judge the intentions of the boy or his family for all the seven years of your relations! So, anyone, including the judge cannot be convinced for your having been bound with the fake promise for such a long period maintaining your relations with him without insisting for marriage for all the seven years! Any justification for beieving in day dreaming and wasting life's precious time of 7 years in the conditions of mirage?
About judgments, your own lawyer needs to do his own home work to find out the relevant judgments that suits your case.
However, for forming any appropriate opinion it is necessary to go through the case history included in the petition vis-a-vis the reply of the defendants.
asmita
(Querist) 02 April 2015
it wasn't day dreaming sir, i trusted him a lot like anything, yes i do pressurized him for marriage and also i dont have any objection if he refuse me with a valid reason but after using me he just thrown me out of his life on the basis on my religion, it clearly shows that he used me for his lust , at that time my relegion was not issue for him, i was just a girl object for him till then, but when i demanded my right as a wife, when i demanded marriage, he said its not possible, because we are from diff. religions? plus he said if you want to marry me then convert. what kind of mentality of this? Experts you all know very well that being a girl how tough it is? some advised me not to lodge complaint, some advised forgive him, but what should I? he ruined my whole life, not only 7 yrs, I truly loved him.and even all this drama they are asking me to take money and drop the case. kya hamere law system me ek ladki ki izzat ki koi value nahi.kya inke jaise log bachte rahenge on the basis of MUTUAL CONSENT. this is not revenge sir, I want justice.
Guest
(Expert) 02 April 2015
Dear Asmita,
Your statement "kya hamere law system me ek ladki ki izzat ki koi value nahi" is quite asonishing when you did not care for your own izzat continuously for 7 long years and used to get your izzat flouted without getting the intentions of the boy verified all along.
Kanoon ne toh bahut saare provisions keeye hain ladkiyon ki help ke liye, but, when a ladki herself volunteers to get her izzat palyed with, how kannoon can be blamed?
However, you are free to take any action against the boy, as against your own conviction stating, "I truly loved him." But it will be better, if you get some personal consultancy from some local lawyer on continuous basis to help you.
Dr J C Vashista
(Expert) 03 April 2015
@ Asmita,
1. If you again go through my opinion, with a peaceful mind, you will notice I have made it amply clear that you are on a revengeful assignment for which I am sorry, I cannot advise.
2. I found you want to take revenge from your boy friend arose out of your own fault, why did you not consider earlier the fact that you are from a different religion and such and such thing can happen.
3. Indian legal system is basically gender biased and heavily tilting towards female. You are attempting to pass on the responsibility/buck of your own fault on your boy-friend, it is strange.
4. However, as my learned friends/ colleague experts have adequately advised I agree with their opinion.
5. On the one hand you said that still love him too much and ready to marry him, isn't it? Conversely you would like to get him punished if he do not succumb to your wish, desire and pressure.
6. If still you feel strong you must lodge complaint, prosecute, get him convicted and punished for having relations with you for such a long period of 7 years, now refused to marry hence committed offence of cheating, fraud and rape, which may take running from pillar to post, years of time, thousands of rupees and ruining your peace of mind.
Best of luck.
SAINATH DEVALLA
(Expert) 03 April 2015
Though his behaviour is unpardonable, U UR self are responsible for UR position today. 7 long years living with him without marriage itself is a gravest crime U have committed, ruining UR life and running after courts for justice .U have committed ur self that U have lived with him for 7 years,how can it be termed as rape. U have no concrete evidences at UR disposal to prove him wrong.But we are here only to give advices and suggestions, but ultimately U have to fight UR case engaging a competent lawyer.
Guest
(Expert) 03 April 2015
What I guess, your love was one-sided, rather a desire for possessiveness on your part, which you want to achieve even through litigation. Love don't pose conditions, but creates mutual trust only, which evidently was absent between you and your boy-friend.
May you be able to make your marriage possible by legal means, but you cannot enforce love through legal means. Love can only be perued by love and mutual trust between the two. Any court trial against your boy friend can become a cause of hatred to make your own married life as hell.
Rest depends upon your own wisdom, how you want to proceed further in the affairs.
prabhakar singh
(Expert) 03 April 2015
Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth.
Two opposite sexes, attracted togather due to some natural biological need often brand
their that kind of attraction as love while truly it is found seldom.
Marriage is just legally institutionalised way to go for it.
Even two opposite sexes marrying each other
may not have love in it's strict sense of meaning.
Now a days not even solemnized marriages last for long 7 years what to talk about sex relations going the way you allowed to go in consideration of a promise to marry.
There is some inbuilt gifted by nature in every living being and that is instinct to 'defend'
which humans do more adeptly than animals
because they are gifted with an additional power called 'expression'.
If you agree for self visualization,you shall find your wrong driver that drove
you in this kind of hell ignoring all norms that are socially acceptable.
Anyway, you had a constitutional right to go the way you went and still going and if you succeed in proving his 'deceit' played upon your Ãnnocence'for sure courts would punish him.
Guest
(Expert) 03 April 2015
Love & punishment are the forms of angel and satan, which cannot survive togther. You cannot boast for your love when you seek punishment for your own love.
SAINATH DEVALLA
(Expert) 03 April 2015
What more to add apart from the expert's views?
Asmitha,
As a layman I don't find fault with, he was just using the theory "use & throw"Conversion is just a lame excuse, to distance U. Even if at all there is a mutual settlement I don't feel he will be with U. Repeatedly I have mentioned in my earlier answers that the fault lies with U also.To conclude my suggestion is forget about the past, lead a new life and be happy instead of running after courts for revenge. GOOD LUCK
asmita
(Querist) 03 April 2015
thanks alot experts, I was expecting some legal help from here, anyhow... i will fight my case till the end.thanks again.
SAINATH DEVALLA
(Expert) 03 April 2015
Kindly take into account the opinion and advice of all the experts.Don't get dejected, now that the FIR is registered fight it out positively other wise act as advised by me earlier.
prabhakar singh
(Expert) 03 April 2015
What i concluded in my last paragraph was legal opinion but general as specific opinion can come only after viewing the story narrated in FIR.
The following case law may guide youof what standard proof you require for your case.
Supreme Court of India
Deepak Gulati vs State Of Haryana on 20 May, 2013
Author: . B Chauhan
Bench: B.S. Chauhan, Dipak Misra
http://indiankanoon.org/doc/12623793/
asmita
(Querist) 03 April 2015
thank u sir, I know that I have to pay for my mistakes but still i will fight it positively.
asmita
(Querist) 03 April 2015
@ Prabhakar Singh
Thanku Sir, I will go through that judgement , hope this will help me, thanks a lotsir.
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
This was the matter to be decided by yourself instead of approaching public portals like this. Your future and fate is in your hand, decide wisely as well as judiciously.
SAINATH DEVALLA
(Expert) 05 April 2015
Asmitha, U are keeping on extending UR qu ery despite appropriate reply from the experts.
Biswanath Roy
(Expert) 15 April 2015
From the given facts placed before this portal and as to my observation it appears that the merit of you case is palpable. However, if the P.P. can make out a strong case punishable by law THEN IT MAY FRUCTIFY YOUR PURPOSE.
