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Durga Prasad (xxxx)     10 May 2015

Threatening by my former lawyer

My name is Prasad and am from bangalore. Between 2010-2013 I fought a divorce case with my first wife. For this purpose I went to a lawyer who become friend through one of my uncle( 6 months before applying the divorce).

My lawyer had  some problems with her husband from 5-6 years and she was in deep financial trouble. After taking the case she told me all these things to me. while case was running she asked me " is it possible to marry me?" For that I did not refuse. I said let us not keep anything in our mind. We dont know when our parters will agree to give us divorce. By god's grace if it happens it is well and good. Otherwise let us become frriends. Thats she agreed. I used to giveMONEYwhenever she wanted it. One day she called me to satisfy her physical needs and I did that. From that time we continously did it for almost 1 year. After my divorce i asked her since you have not applied for divirceI WILL going to marry someother girl. She agreed and herself started to see bride for my second marriage. EVentualy I got married in sept 2013 fthat she attended and I came back to another place for work. After that I rarely contacted her and did not go to her and did not have s*x with her, Now she is threatening me to file a cheating case saying she had recorded everything happened before. She is asking me 5 lacs.

She applied to divorce in jan 2014 and got in same year.

My question;

1) As per the code of conduct  is is ethical to have relationship with clients? can it it be punishable?

2) After two years of marriage how she can claim that it is cheating as she attended my marriage?

3) How s*x with consent can be taken as cheating? that too after 2 years.

4) Do I need to take anticipatory bail in case if she files a police complaint.

 

Thanks

Prasad

 


Learning

 6 Replies

Durga Prasad (xxxx)     10 May 2015

Is is there any chance of arrest?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 May 2015

Please register a NC againts her in the police station immediately with all stories and circumstatial evidences. Please also make sure that it is registered as NC not as simple GDE. Let police investigate on it and submit their report. If police refuses to register it as NC then contact SP / DSP immediately.

 

If still not registered the you can make private complain to the court against her.

 

What you did is not an offence at all. She is simply black-mailing you to fullfeel her body needs.cheeky

saravanan s (legal advisor)     10 May 2015

she can even file a rape case against you for consentual s*x against promise of marriage amounts to rape.she can file a case any time on you.consult a lawyer asap

Kumar Doab (FIN)     10 May 2015

Consult a senior and able lawyer well versed with such matters ASAP with whatsoever record you have and spend quality time with your lawyer before you proceed further.

LCI expert Mr.Shonee Kapoor has advised many querist in such matters.

If you wish you may discuss with him.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 May 2015

            @Quest, Please see the Sec 375 IPC - 4th clause -

 

With her consent, when the man knows that he is not her husband, and that her consent is given

because she believes that he is another man to whom she is or believes herself to be law­fully married.

 

Now there is no proof of marriage that has been properly solemnized (before any lawful authority or custom rites)

to believe her marriage is lawful.

So this case absolutely does not stand. It has been filed for malicious intention to black-mail you to full feel her body needs. cheeky.

 

 

As per Sec 90 of IPC Consent known to be given under fear or misconception. - There should be proper evidence where consent was given in the form of any deed. Here this consent has been given where future is unknown and no proper deed can be consider misconception rather inception of fact.

 

So be brave and if case filed then be ready to chase in-person (Without Advocate). The following judgments can be produce as a citation in favor of your argument. Keep print out of these.

As said, Please file NC immediately, You may apply for Anticipatory Bail U/S 438 CrPC in session court or High Court. If you have AB then police can't arrest you.

 

Good Luck!

 

Please see the follow the Judgment of Calcutta High Court.

 

https://indiankanoon.org/docfragment/1100330/?formInput=not%20always%20amount%20to%20a%20misconception%20of%20fact%20at%20the%20inception%20of%20the%20act%20itself

 

Please also see the following Judgment of Apex Court.

 

https://indiankanoon.org/docfragment/1898721/?formInput=Viewed%20thus%2C%20an%20allegation%20that%20the%20prosecutrix%20was%20made%20to%20have

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 May 2015


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