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Rani Pidit (nill)     04 December 2012

Deceit

I was lured by a boy to have s*x by saying that he will marry me according to social customs prevalent in our caste. He took some pics also on our first meeting. Later on forced me to have s*x several times saying that he will show pics to all. On two occasion he demanded money also which I paid him from my bank through NIFT. He has been assuring me of legal marriage as per cast's custom since last 3 years. In july on short notice he called me to Indore 111 Kms from my home and did marriage in Arya Samaj Mandir assuring me again that he will arrange marriage as per our caste very soon. Ten days after this marriage He lured one Usha Rathore and informed me that his family is going to do engagement ceremony with her. I informed to Usha all about our affair and she/her father agreed not to arrange marriage with my boy. Now the boy is not ready to arrange marriage with me as per prevalent rituals of our caste and Arya Samaj marriage done in haste is not recognised in our society. What can I do legally ?



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 3 Replies

Saurabh..V (Law Consultant)     04 December 2012

@Author

 

Your query may seem very short but asks for a very critical question of law. I'll try to assist you as best as possible.

 

I would like to answer one by one to every line so that you can understand easily and as required.

 

Your first line says:

 

 

I was lured by a boy to have s*x by saying that he will marry me according to social customs prevalent in our caste.

 

The above line in itself is self explanatory as to what has happened and how. Law protects the innocent and as you mentioned that you were lured into it, then certainly you have the right to be protected. For this I suggest you first consult your parents if they are interested to take the route to law or not. It would include lodging FIR, going to police station and thereafter multiple trips to the court for your statements etc. If you and your family are ready then kindly approach the local police station with your complaint.

 

Now your second line:

 

He took some pics also on our first meeting. Later on forced me to have s*x several times saying that he will show pics to all.

 

This is very strange that one very first meeting itself he was able to take such pictures which were capable of threatening your dignity and were objectionable but still you allowed him to take those. Anyways! As the case may be, this is another crime which is punishable under various provisions of law including IT Act as well as IPC. As explained above you can approach local police station which your complaint.

 

Now your third line:

 

On two occasion he demanded money also which I paid him from my bank through NIFT.

 

This in my view is more of a case of defaulting the return of money than cheating. You voluntarily transferred the money to him and there are all possibilities that he could return it to you. The case would be different if he extorted this money from you by threatening you due to those objectionable pictures. I think this is more of borrowing and may resolved by asking elders to interevene. One should refrain from a police case due to matters so negligible.

 

Now your fourt line:

 

He has been assuring me of legal marriage as per cast's custom since last 3 years. In july on short notice he called me to Indore 111 Kms from my home and did marriage in Arya Samaj Mandir assuring me again that he will arrange marriage as per our caste very soon.

 

This assurance cannot be called false because ultimately he did gathered courage to marry you in some Arya Samaj mandir. Arya Samaj mandir marriages are valid and the certificate is a sufficient proof to prove a valid and legal marriage. However, your subsequent line shows that what he performed was only a drama so this marriage was only false and only a court can decide about the final decision on this. Please include this point in your FIR if you plan to lodge one.

 

Now your last lines:

 

Ten days after this marriage He lured one Usha Rathore and informed me that his family is going to do engagement ceremony with her. I informed to Usha all about our affair and she/her father agreed not to arrange marriage with my boy. Now the boy is not ready to arrange marriage with me as per prevalent rituals of our caste and Arya Samaj marriage done in haste is not recognised in our society.

 

This is certainly a case of fraud which calls for invoking multiple sections of IPC. Two marriages in cases of Hindus while first spouse is alive and not divorced, is punishable. If he wants to marry with you or not is his choice and you have a choice to take your path to legal remedy.

 

In totality, I feel it is a case where you blindly trusted this person and loved him. In return though he may or may not have been true but finally was not able to stand with you. You always have a legal remedy for all this and you can file FIR as and when you like. Just be advised that police may seem an easy revenge taking tool but certainly painful for both parties and never give desired results.

 

If you plan to marry him, then your parents and his parents should sit together and discuss the formalities and try to untangle the situatioj. But if he is not ready to marry you then will you be able to stay happy with him even if you marry him? We always have a choice and the option that we choose decides our fate.

 

//peace

/Saurabh..V

Rani Pidit (nill)     05 December 2012

Thank you very much for point to point explaination.

1. Pics were not taken in first meeting. We were on net chatting and met several times but every time he assured that he will marry me as per our customs.

1. Money was not  volunatarily transferred. He forced me saying that he will disclose the matter to society if I fail to pay him

2. I have explained the mater to his family as well mine but no one want to take any initiative, but I want to go to police and want him to be punished for deceiving me.

3. Recent development " He is demanding Rs. 5 lacs  for marriage as per our customs and to keep as his wife"

I request your honarble-self  therefore to please draft a legal FIR so that I can submit it to the police.


Thank you onece again

Saurabh..V (Law Consultant)     05 December 2012

@Author

 

You have a case which falls under various sections of IPC and you have a right to legal remedy.

 

FIR though is a legal document but can be filed by anyone. No legal assistance is required while filing FIR. You can directly go to Police Station and seek help from the Station House Officer (SHO). Just report what is true to that you need not remember anything tomorrow. Generally people exaggerate their complaint and then in court change their statements which is very bad for the complainant itself.

 

All the best!

 

//peace

/Saurabh..V


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