suresh kumar (junior lawyer) 23 March 2011

live in relation

dear, advocates, I am having a case and i am sending the case details and please kindly send your opinions how to to deal the case

My client is a victim she loved one person both are became lovers and both of them were enjoyed s*xual life then after he gon away from my client when she is pregnant carrying 3rd month and he is prepared to marry another woman my client is a sensitive person and not having patience after hearing the marriage of her lover she went away to the police station and filed a rape case. then after six months she delivered a baby. my doubt is to how to claim maintainance from the person ? whether there is any provision for claiming maintaince? if the victim is eligible to claim maintainance or the delivered baby is eligible to claim maintainance? she is filed a rape case what is the status of the victim in the eye of law? She is eligible to claim maintainance or not? please send me if any related case laws or any sitations are there.

Thanking you ,

Reply Follow

7 Replies

M.Sheik Mohammed Ali (advocate) 23 March 2011

very simple you ask to court declared both are husband and wife , and he must enter to legally marrie me, so kindly put order to married me (your client) after that you can claim maintanance.

Reetu Dwivedi (Paralegal) 24 March 2011

she can claim the maintenance.You can read the judgement given by supreme court in South indian actress Khusboo case.

Arup (UNEMPLOYED) 25 March 2011

BOTH THE ABOVE ADVICE NOT PERFECT. YOUR CASE SHOULD BE PERFECT FOR FAMILY SECTION.

HOWEVER, THE CASE IS NOT COMPLICATED. HUNDREDS OF SIMILAR CASES ARE THERE.

FRANKLY SPEEKING, YOUR CLIENT HAS NO LEGAL RIGHT TO CLAIM MAINTENANCE, AND CLAIM TO BE A RAPE VICTIM.

WHATEVER SHE DID, DID IT BY APPLICATION OF HER PERSONAL LIBERTY.

1 Like

Arup (UNEMPLOYED) 25 March 2011

HOWEVER AS OUR FRIEND IT IS SUGGESTED TO YOU THAT,

1) CHECK HER ALL COMMUNICATIONS FROM HIM (LETTER, EMAIL ETC) - IF YOU FOUND ANY PROMISE EVEN A PLAN OF FUTURE LIFE AS SPOUSE, WRITTEN BY THE BOY, THAT WILL BE AN IMPORTENT EVIDENCE FOR YOUR CLIENT.

2) SEARCH HER FRIEND CIRCLES - IF SOME ARE READY TO WITNESS THAT THE BOY PROMISED TO ACCEPT THE GIRL AS SPOUSE.

QUESTION OF MAINTENANCE AROSE WHEN - SHE IS THE SPOUSE OF THE BOY.

QUESTION OF RAPE COMES WHEN IT IS PROVED THAT - FORCE WAS APPLIED BY HIM.

IN BOTH THE POSITION - SHE IS LOOSING.

REGARDING THE NEW BORN BABY, LATE THE BABY COME INTO EARTH, THEREAFTER CLAIM - MAINTENANCE FOR THE CHILD ALONGWITH DNA TEST.

1 Like

Arup (UNEMPLOYED) 25 March 2011

SORRY, AM NOT ADVOCATE.

1 Like

(Guest)

Arup ji, The Joke of Maintenance For Freedom, is here;

“Enjoy freedom but no claim for “maintenance for freedom” as you have to pay for enjoying freedom as you have to pay for anything you get as nothing is at free of cost and so claim of maintenance for freedom is simply a joke.”