LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Advice me

Page no : 2

siddharth007 (na)     01 June 2016

aur shadi k bad bhi main 2 din uske sath raha tha to wo iss basis pe bhi mere against kuch hoga kya?

siddharth007 (na)     01 June 2016

register marriage k bad main kitne dino me divorce kar sakta hu

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Ek saal to hona chahiye,magar utna aasan nahin hai.

siddharth007 (na)     01 June 2016

to abhi main kuch bhi nai kar sakta....?

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Siddharth Beta,

Aap bhook hartal kyun na karte,main khilata jarahahoon , aap aur pootchte jaarahehai.

1 Like

siddharth007 (na)     01 June 2016

Sorry sir but i am in trouble that's why i am asking my all issues to be resolve n help me to take out of it.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : siddharth007
register marriage kiya hai

how does it matter.  marrige is still binding.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : siddharth007
register marriage k bad main kitne dino me divorce kar sakta hu

यदि आप बहुत भाग्यशाली हो तो शायद हाथ पाँव जोड़कर या नाक रगड़ कर मनवा लो तो भी एक साल से पहले तलाक नहीं होगा.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : siddharth007
Sorry sir but i am in trouble that's why i am asking my all issues to be resolve n help me to take out of it.

you had been malafide ab-initio.  Now give her the alimony and maintenance what she wants (if at all she agrees to leave you whihc does not appear possible) or live with her.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : siddharth007
Sir

Maine usse suru se shadi ke liye kabhi ha nai bola tha but jab wo muze chhodna chahti thi tab reletionship k liye maine force kiya tha uske related fb chat or msgs hai uske pas hai aur wo usse use kar ke case kar rahi hai to chat or msg valid proof hai kya?

कोइ भी कैसे विशवास करे इस बात पर और क्यों विशवास करे

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Sudheerji se main sehmathoon.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : autohide147
It is not crime to have physical relations between consenting adults. If no coercion or fraudulent promises were made - you had no legal obligation to marry girl and can refuse her request. Now you have married, things are different. Walking away from marriage is long process. Nobody can force you to live with her. If she files cases in police, defend them, if you did nothing wrong you should never give in to threats of police. Keep in mind though that divorce is long process in India and goes through a long list of criminal and civil cases. You can come out of the cases eventually, it just takes lot of time.

", if you did nothing wrong you should never give in to threats of police"

सब कुछ रॉंग ही किया है सही तो कुछ नहीं किया

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : siddharth007
aur shadi k bad bhi main 2 din uske sath raha tha to wo iss basis pe bhi mere against kuch hoga kya?

नहीं आपने गड्ढे कहीं और खोदे हैं

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : autohide147

I am supporting the rights of queryist given to him by the constitution. Relationship between consenting adults is not a crime. Forcing a man to marry woman after having a consensual relationship with him under threat of rape accusations is extortion as per Indian laws. 
She is further extorting the man to continue a marital relationship that was entered by illegal coercion under threat of dowry accusations. 
Woman has conducted serious crimes as per law. The queryist seems to have entered a casual relationship with this woman without any intention to marry her. This may be immoral, but it is not illegal as long as he did not make promises of marriage to get her consent for entering such relationship
I am surprised that senior members like Mr. Sudhir Kumar and Sainath Sir are supporting such deeds of the woman. Respected sirs you both have expressed your personal views regarding morality or immorality of acts. I respect your personal opinions and agree to the moral standards you eschew. However, we live in the 21st century, different generations have different notions of morality. The legal system is designed only to uphold rights, not to defend any subjective moral standard. Using false accusations of rape and dowry harassment as weapons to coerce a person into marriage and cohabitation is equally immoral -  these acts are also illegal and punsihable.
My advice to queryist is to not accept such abuse of laws. To stand up for his rights, defend the accusations made by woman, let her prove her accusations to get any relief.
If it is less that 1 year since marriage, immediately file for annulment of the marriage under grounds that consent for marriage was gained by force (threats of rape accusations.)
Pursue prosecution against her for the crime of illegal extortion before marriage as well as after marriage. Drag this woman to court and make her defend these acts of extortion. Also put her to proof for her allegations of harassment, if she fails to prove drag her in court for making false complaint.
It may take time and effort but the truth eventually will prevail. Such women must be made example for misuse of judicial machinery.
 

"given to him by the constitution."

I shall be highly obliged if I could know which part of the Constitution allows him to marry a girl and just ask her to move on.

"extorting the man to continue a marital relationship"

I shall be highly obliged if I could know the provision under which warning (you can call threat) to frame in a tue case is an extortion.

"Woman has conducted serious crimes as per law"

can there be any crime larger than the crime of being born as a woman.

 

"he did not make promises of marriage to get her consent for entering such relationship"

Will that lady agree to this?

He has eventually married her and as apparent his intention was to marrige atleast what the lady understood and he married her.

1 Like

(Guest)

Sections 388, 389 of IPC define extortion by threat of accusations. These sections do not specify that accusations have to be false. Even if accusations are true, inducing fear of accusation via black mail and getting compliance is a crime. There is legal precedent going all the way back to English law where accusations can be true yet extortion based on such accusations is culpable. This definition of extortion is not only consistent with IPC but also all other countries based on English common law.

If wife wants to make accusations, she can make them and then convict him in court. Using threat of accusations to get him to comply with any demands like getting married is a crime. If it is true that woman induced the man to marry under threat of rape accusations (even if her accusations were true), she is guilty under sec 388 with maximum punishment of 10 years in prison.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading