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Aparajita   30 January 2016

Ex-girlfriend filed a 354 (a)

Hello folks, I am seeking advice on behalf of a very dear friend. This might be long so please bear with me. She was in a relationship with a guy for almost a year. Midway through their relationship their respective parents found out. A lot of drama and fights ensued, but then my friend's parents and his father accepted the relationship. His mother didn't agree at all, so in order to assuage her they told her that they would just be friends. 

 

They both went to Europe for their respective studies and spent christmas holidays together. Somehow, my friend's mom found out about that and knowing that live-in relationships are a big deal in India, she asked for the two to get formally engaged now and married a couple of years later (when they're both well settled). Both of them agreed to that and the guy assured both my friend and her parents that he would do the engagement (no matter the consequences) His father was also present when all this discussion went down and even encouraged him to keep his commitment. 

 

After that discussion things became murky. My friend told me it became very difficult to contact him. His father went out of station for work and his mother started creating a big scene. She threatened suicide and started getting breathing attacks and whatnot. She refused to eat and threatened to disown him if he went ahead with the engagement. My friend kept reassuring him that her parents would support him in the worst case scenario also. But he couldn't take a firm stand and one fine day he ended things with her. A couple of hours later he came and met her and told her that he had a mistake. Once again, he told her in order to prove his loyalty he will do the engagement no matter what, even if that means leaving his parents.

 

But then he lost contact once again. After a couple of days when she finally spoke to him he said that his parents wouldn't agree to the engagement, but that they had told him that he could marry whoever he wanted once he is done with his course. Naturally my friend was skeptical and asked what was the guarantee they won't back out later as well? (considering that he had already backtracked) But he made it very clear that he won't go against his family/leave his mother.

 

After that things became even worse. Her parents were furious and went to meet his parents, who weren't home. They waited 4 hours but no response. They had to dial 100 to make the police call them back. But they reached the police station directly. Things became ugly at the PS as his relatives also came along and openly assasinated my friend's character. They even became violent with a lawyer. 

 

After that night, the guy left for Europe overnight within 24 hours without informing anyone. My friend and her parents were both confused and panicked because his family went underground and stopped taking calls/messages from them. They told their society guard to lie and say that they were out of station. The guy changed his number and went out of contact as well. When she eventually found out that he had left, she felt cheated and lied to. She confronted his parents (through some other number) to bring him back so that he could apologize and give an explanation. But nothing happened. 

 

The Police suggested to file a rape case as they normally do. They said it would bring him back in 2 days and he would be answerable. But she and her family did not want that and just wanted a strong enough FIR to get him back for an apology...so the Police (after a lot of harassment and arguing) filed a case under 354 (A). It has been 15 days and his family remains underground and out of touch. The boy hasn't contacted her in a month (ever since he left) 

 

She is now considering withdrawing the FIR because it's not serving any purpose. I advised her to let it stand as a family like that deserves to be punished. Any advice?



Learning

 11 Replies

Aparajita   30 January 2016

Originally posted by : Mrs. Renuka Chaudhury,



Originally posted by : Aparajita



Hello folks, I am seeking advice on behalf of a very dear friend. This might be long so please bear with me. She was in a relationship with a guy for almost a year. Midway through their relationship their respective parents found out. A lot of drama and fights ensued, but then my friend's parents and his father accepted the relationship. His mother didn't agree at all, so in order to assuage her they told her that they would just be friends. 

 

They both went to Europe for their respective studies and spent christmas holidays together. Somehow, my friend's mom found out about that and knowing that live-in relationships are a big deal in India, she asked for the two to get formally engaged now and married a couple of years later (when they're both well settled). Both of them agreed to that and the guy assured both my friend and her parents that he would do the engagement (no matter the consequences) His father was also present when all this discussion went down and even encouraged him to keep his commitment. 

 

After that discussion things became murky. My friend told me it became very difficult to contact him. His father went out of station for work and his mother started creating a big scene. She threatened suicide and started getting breathing attacks and whatnot. She refused to eat and threatened to disown him if he went ahead with the engagement. My friend kept reassuring him that her parents would support him in the worst case scenario also. But he couldn't take a firm stand and one fine day he ended things with her. A couple of hours later he came and met her and told her that he had a mistake. Once again, he told her in order to prove his loyalty he will do the engagement no matter what, even if that means leaving his parents.

 

But then he lost contact once again. After a couple of days when she finally spoke to him he said that his parents wouldn't agree to the engagement, but that they had told him that he could marry whoever he wanted once he is done with his course. Naturally my friend was skeptical and asked what was the guarantee they won't back out later as well? (considering that he had already backtracked) But he made it very clear that he won't go against his family/leave his mother.

 

After that things became even worse. Her parents were furious and went to meet his parents, who weren't home. They waited 4 hours but no response. They had to dial 100 to make the police call them back. But they reached the police station directly. Things became ugly at the PS as his relatives also came along and openly assasinated my friend's character. They even became violent with a lawyer. 

 

After that night, the guy left for Europe overnight within 24 hours without informing anyone. My friend and her parents were both confused and panicked because his family went underground and stopped taking calls/messages from them. They told their society guard to lie and say that they were out of station. The guy changed his number and went out of contact as well. When she eventually found out that he had left, she felt cheated and lied to. She confronted his parents (through some other number) to bring him back so that he could apologize and give an explanation. But nothing happened. 

 

The Police suggested to file a rape case as they normally do. They said it would bring him back in 2 days and he would be answerable. But she and her family did not want that and just wanted a strong enough FIR to get him back for an apology...so the Police (after a lot of harassment and arguing) filed a case under 354 (A). It has been 15 days and his family remains underground and out of touch. The boy hasn't contacted her in a month (ever since he left) 

 

She is now considering withdrawing the FIR because it's not serving any purpose. I advised her to let it stand as a family like that deserves to be punished. Any advice?



 
 
 




Itna dosti toh maine Sholay mein bhi nahi dekhi.. he hehehe

 

Legal points:

 

IPC 354A: Section 354A of the Indian Penal Code

Sexual harassment and punishment for s*xual harassment1

A man committing any of the following acts—

physical contact and advances involving unwelcome and explicit s*xual overtures; or

a demand or request for s*xual favours; or

showing p*rnography against the will of a woman; or

making s*xually coloured remarks, shall be guilty of the offence of s*xual harassment.

  

 

Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

  

Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either descripttttion for a term which may extend to one year, or with fine, or with both.

1 Criminal Law (Amendment) Act, 2013

 

My take:

 

Chaar padenge lock up mein toh tote ke tarah bolna shuru kardega.

 

There is a mention of police, lawyer even before some sort of engagement.  No point in bringing that guy back, making him apologize forcibly through law or policegiri.

 

Relations are meant to be started on a sweet note, relations stand on trust which is not there at all in your story.

 

If you bring him back by filing rape complaint, it be like tying crow to your cot.

 

Mistake is yours that you trusted him, rather I would say having relationship even before something called as engagement out of the thought that you will get him marrying you itself is ethically and morally wrong.

 

You had good time and you want to convert the good time you had into marriage?  Yes that is absolutely perfect if both of you are on the same page, but here he has different things on his page and you have police, lawyer on your page even before marriage, will this relationship last?  NO.

 

Forget the whole episode saying you had good time with this good for nothing.

 

It is wrong to have s*x before marriage and have s*x and make it a base to get anyone married.

 

You do it and ask other person to get married and if he or she does not agree you term it as rape?  How fair is it?

 

You better forget this good for nothing, you should have forgotten this guy the moment you left Europe, came back and got married to someone else instead of believing his false assurances, he has all the looks of a becoming politician.

@Bold: Exactly my point too. Chaar padenge lock up mein toh apne aap bolna shuru kar dega. See my friend has no intention of filing a rape case. She said she's very clear about that. She didn't even want to file this particular case but it seemed like the only option to make him apologize. His family is very smug and overconfident about this whole thing, and actually never gave it importance from the beginning. 

 

But is it wrong of her to want an apology? She clearly doesnt want a relationship with him anymore, but she does deserve a closure from his family and him. Having said that, it has been about 20 days and she doesn't see the police taking it seriously either, so she's been considering withdrawing it (is that possible?). I don't agree though. I feel it should stand.

Aparajita   30 January 2016

Dear Mrs. Chaudhary, I think you are being very judgemental. We don't have the right to decide what's "moral" and "immoral". You seem to be an advocate of the school of thought - 'a decent and respectful woman doesn't wander into presumably bad places and remains within her boundaries'. That is very regressive. 

 

Sex was not the reason for marriage. They were in love and had been planning marriage for months. Even their future career paths were planned in a way so as to compliment a married life. The boy had always been forthcoming about marriage. This hasn't come up in a day or two. 

Vicky (Engg)     30 January 2016

What kind of relationship both were having before going to europe?
What do you mean by "they would just be friends."?
Why your friend spend christmas holidays together with him?
What do you mean by live-in relationship?
What made her to have this live-in relationship with him?
Why your friend need apology?

Aparajita   30 January 2016

1) They were in a committed relationship with each other before going to Europe. 2) They had to tell the guy's mother that they would just be friends (and not a couple) because she was overreacting. 3) Because they wanted to spend some time together after their studies. 4) Live in meaning, living together under one roof. Although that happened only for 5 days or so. 5) She was in love with him. 6) Because she feels cheated and abandoned.

SuperHero (Manager)     30 January 2016

Originally posted by : Aparajita
1) They were in a committed relationship with each other before going to Europe.
2) They had to tell the guy's mother that they would just be friends (and not a couple) because she was overreacting.
3) Because they wanted to spend some time together after their studies.
4) Live in meaning, living together under one roof. Although that happened only for 5 days or so.
5) She was in love with him.
6) Because she feels cheated and abandoned.

Oh God!!!

What do you mean by just friends?? Once the LOVE kindofff virus enters into mind of Boy and Girl,, even if Parents oppose they won't listen...

The More Parents oppose...the more Boy and Girl try to get each other...

Just Friends is to bluff Parents....

In Today's world Teenagers and Young Kids itself know more about Sex, relationships etc...due to Internet..and moviess......

The Situation, circumstances and the AGE is like that....

If she wants apology.....You may have to roam around Courts...

Vicky (Engg)     31 January 2016

In Bharath there are two worlds - one given by Law and another one which we all got from our ancestors.

 

A person can live only in one world, if he/she wants to have western life (Indian Law came from Western Countries) go for it; which most of the people also got from TV, Papers, Internet.

A person who wants to follow bharat culture please follow what elders say.

 

Westernising yourself is not a problem but people should know how to live in it, if same thing happens to a western girl she would have been living with her new Live-In Partner by now.

 

I encourage people who want to live in wester style please go ahead because western people only know how to live happily.

 

However coming to your point you can check with police for withdraw of complaint.

Aparajita   01 February 2016

Originally posted by : SuperHero



Originally posted by : Aparajita



1) They were in a committed relationship with each other before going to Europe.
2) They had to tell the guy's mother that they would just be friends (and not a couple) because she was overreacting.
3) Because they wanted to spend some time together after their studies.
4) Live in meaning, living together under one roof. Although that happened only for 5 days or so.
5) She was in love with him.
6) Because she feels cheated and abandoned.





Oh God!!!

What do you mean by just friends?? Once the LOVE kindofff virus enters into mind of Boy and Girl,, even if Parents oppose they won't listen...

The More Parents oppose...the more Boy and Girl try to get each other...

Just Friends is to bluff Parents....

In Today's world Teenagers and Young Kids itself know more about Sex, relationships etc...due to Internet..and moviess......

The Situation, circumstances and the AGE is like that....

If she wants apology.....You may have to roam around Courts...

Yes but unfortunately in her case things didn't turn out that way. His parents opposed and he couldn't handle the pressure and ran away. 

 

That is what is bothering me, that she will have to roam around in courts. But we as a society need to stop thinking that such people who take commitment lightly and cheat can be so easily forgiven.

Aparajita   01 February 2016

Originally posted by : Vicky
In Bharath there are two worlds - one given by Law and another one which we all got from our ancestors.

 

A person can live only in one world, if he/she wants to have western life (Indian Law came from Western Countries) go for it; which most of the people also got from TV, Papers, Internet.

A person who wants to follow bharat culture please follow what elders say.

 

Westernising yourself is not a problem but people should know how to live in it, if same thing happens to a western girl she would have been living with her new Live-In Partner by now.

 

I encourage people who want to live in wester style please go ahead because western people only know how to live happily.

 

However coming to your point you can check with police for withdraw of complaint.

Something like this would probably not have happened in the west because people value commitment above formal/legal documents. I know people in Europe who lived together before marriage, had a kid and then decided to get married. 

 

Of course, if it was a mere fling things would not have become so ugly. The key point here is that they were in a deeply committed relationship where commitment to marriage was already made. It was just a question of convincing parents/waiting for the right time.

SuperHero (Manager)     01 February 2016

Originally posted by : Aparajita



Originally posted by : SuperHero






Originally posted by : Aparajita



1) They were in a committed relationship with each other before going to Europe.
2) They had to tell the guy's mother that they would just be friends (and not a couple) because she was overreacting.
3) Because they wanted to spend some time together after their studies.
4) Live in meaning, living together under one roof. Although that happened only for 5 days or so.
5) She was in love with him.
6) Because she feels cheated and abandoned.





Oh God!!!

What do you mean by just friends?? Once the LOVE kindofff virus enters into mind of Boy and Girl,, even if Parents oppose they won't listen...

The More Parents oppose...the more Boy and Girl try to get each other...

Just Friends is to bluff Parents....

In Today's world Teenagers and Young Kids itself know more about Sex, relationships etc...due to Internet..and moviess......

The Situation, circumstances and the AGE is like that....

If she wants apology.....You may have to roam around Courts...





Yes but unfortunately in her case things didn't turn out that way. His parents opposed and he couldn't handle the pressure and ran away. 

 

That is what is bothering me, that she will have to roam around in courts. But we as a society need to stop thinking that such people who take commitment lightly and cheat can be so easily forgiven.

No body will be forgiven...Everyone has to Pay the Price...

Especially in Indian Context...Marriage is considered Sacred...There are reasons why it is Sacred...and even for the First Night...there is a Specific day or time according to our Literature or Tradition..Ofcourse now only few follow....

Especially with the influence of Western World. Where do we stand in terms of Morals, Ethics and Values???

We are Animals Human Beings who are Greedy , Lustful...and what not??

Also majority of Men watch Item Song more interestingly than the movie itself??

I will stop it here...May be he thought he was a Roman...When in Rome be a Roman...

If you take USA..there are marriages happen after Kids are born...but again Divorce rate is 50%..and this disease has entered in India too...

We can keep on writing and discussing the subject...Good Luck...

Vicky (Engg)     02 February 2016

His parents opposed and he couldn't handle the pressure and ran away. It should be like this - "Her parents called 100 and he couldn't handle the pressure and ran away"

 

such people who take commitment lightly and cheat can be so easily forgiven - a commitment once made is not necessary it should be fulfilled; what about the girls who leave there lovers and marry rich guy for there better future or cheat there husbands by continuing there committed relationship with there lover

 

in the west because people value commitment above formal/legal documents - how many westerners friend do you have and how many of them valued commitment above legal documents? the truth is westerns or whoever - once a legal documents comes in between they respect it most because law make them to do it.

 

committed relationship - a relationship cannot be kept on a document cannot be forced by anyone to continue, it's only between them to decide (marriage certificate is only to show world that both the persons are legal husband & wife but not for themselfs)

 

she has not followed western culture fully nor have any bharath culture, even her parents never told her what is right or wrong?

 

loving a person is natural, but having a committed relationship with him needs to be checked with both sides of families whether to continue or not.

 

when parents send there children to foreign countries for better education they feel they are free birds and can do anything and no one notice it (like cat feels while drinking milk by closing her eyes)

 

when his mother objected about the relationship why your friend want to continue it.

 

in bharath marriage is not performed on papers it is performed the same old way by ceremony and bride is sent to husband matrimonial society to look after him and his family.

 

one who do not know what is a relationship, what is a marriage, what is love they fall pray of the society & law.

 

stop living in virtual world, stop blamming others! & most important don't be egoistic person for better future.

SuperHero (Manager)     03 February 2016

I think the OP ran off..by our replies......

Both of them had there own happiness and sorrow....May be this thread can be closed..


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