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Manish Udar (www.Mehnat.IN)     09 April 2013

Simple divorce case?

Is this a simple divorce case, or does this attract criminal legal provisions?

 

https://articles.timesofindia.indiatimes.com/2013-04-08/surat/38372515_1_navsari-parents-boyfriend

 

Can this attract 417 or 420, considering the fact that this relation existed before her wedding was decided, and she had decided to leave her husband before she got married?



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 12 Replies


(Guest)

In this case what cases can be filed against girl family , girl and on her boy friend.


(Guest)

 

Newly-wed woman elopes with boyfriend

 
SURAT: A woman married to a youth in Surat left her husband just within four months of marriage and started living with her boyfriend in Navsari. The woman left her husband's home informing that she is going to meet her parents. But she never reached her parent's home and went to her boyfriend's home.
 

Aarti Vaidya, a resident of Eru cross road in Navsari married to Rakesh Shah of Surat in the last week of November 2012. It was an arranged marriage with permission of parents and the couple was living normal life. In March, Aarti proposed to go to meet her parents and Shah happily agreed.

However, she did not reach her father's home even after two days of leaving from Surat after which her parents informed police. Soon police started investigation and found that Aarti is living in Navsari but with a youth Sajid Kagzi.

Police informed Aarti's parents that Kagzi and Aarti had friendship since last two years and both had planned to live together. Aarti informed her parents after being traced by police that she could not inform them about her affair and got married to Shah out of fear.

On coming to know Shah filed for divorce while Aarti's parents discontinue relations with their daughter.

 

 


(Guest)

 

417 toh cheating banta he.

 

Central Government Act Section 417 in The Indian Penal Code, 1860 417. Punishment for cheating.- Whoever cheats shall be punished with imprisonment of either descriptttion for a term which may extend to one year, or with fine, or with both

 


Now marriage already over.


What cheating in that?


It amounts to adultery.

Manish Udar (www.Mehnat.IN)     09 April 2013

suppose a woman marries a man with the intention that she will leave him. OR makes him spend money on her aFTER  she has decided to leave him, is it not cheating u/s 420 ipc?


(Guest)
Originally posted by : Manish Udar

suppose a woman marries a man with the intention that she will leave him. OR makes him spend money on her aFTER  she has decided to leave him, is it not cheating u/s 420 ipc?

Though it amounts to cheating, nothing can be done.


You could check divorce proceedings in the last 6 years in HC Karnataka, where a woman has marriend almost 3 times back to back, and threatend to file 498a, DV etc and asked for divorce the very next day after marriage, looting lakhs of rupees.


I have forgot the name of the woman, but that was not counted as cheating.


Once tied the knot, nothing can be done, except arrange money to get MCD.  I hoped you were aware of that.

In public news channels such as TV9 and Udaya news, the female was in news for sometime, who get married to loot the husband, only to marry again, to make someone else bakra.

Tajobsindia (Senior Partner )     10 April 2013

1.    No case made out in both media news citing.

2.    Ld. DB of Rajasthan HC wayback in 2007 already said It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay.”

3.    To above the then Sr. SC Advocate and noted women’s rights activist Indira Jaising said, ‘though it sounds strange, I am in complete agreement with the high court.’
"At the end of the day an adult woman has a right to decide whom she wants to live with. She cant be forced to go with her husband against her will."

4.    Our ld. brother Manoj Chaudhry appearing for the married woman and her lover said for the reported Judgment on being coaxed by media "the duo had been living together by their free will and that the relationship had begun even before my client had got married."

Manish Udar (www.Mehnat.IN)     10 April 2013

i think this is a horrific case of cheating, 420 should apply. I protest strongly.

Manish Udar (www.Mehnat.IN)     10 April 2013

i think this is a horrific case of cheating, 420 should apply. I protest strongly.


(Guest)
@ Manish Sir, What are the legal remedies available in the following case: Husband was having an affair before marriage. Infact was into live in relationship with one of their office colleagues. Everyone in the office was aware of their relation. And because of family pressure they broke up. And then he gets married to a girl and within a very short span, resumes relation with ex-gf and now wants a divorce from his wife. Citing unreasonable grounds. And says that if family of inlaws and wife pressurise and take police help, he will make wifes life miserable, not have a conjugal life with her and treat her like a maid. In laws wants to disown son for avoiding litigation. What remedy does the wife has against such cheating husband ? apart from filing for divorce? All husband's side relatives are ready to support the wife and even come with her to police station/court. Because they all are opposing this cheating.
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Manish Udar (www.Mehnat.IN)     10 April 2013

charu ji i am interested in the same question as you, as you might have noticed from my first post in this thread.


(Guest)

When either of the spouse cheats, what best could be done is.


1.  Talk.  Ask the person to change/mend ways.

2.  Try collecting evidences, photographs, vdo's., etc.

3.  File for divorce. [on groumds of adultery]

4.  If the spouse contests, it will take a lot of time to get divorce.

5.  Why all that trouble.  Seek divorce via MCD.


Now remedy.. what remedy does one want other than seperation?  Want monetary relief?  Want the husband to be behind bars, file false cases etc, let him roam to court go inside come outside.  What if wife cheats?  Now this judge has very well said that if the either of the spouse does not want to live with each other, then she can as well live with the person she wants, thus legalizing adultery.


So what do we do now LMAO?

 

 

There are other ways to teach them a lesson.

 

A few years back a dentist who had cheated his GF and married someone else, the GF sedated him in his own clinic and cut off his genitals.


Resorting to such acts will make u end up in jail.


So which is the better remedy, is for you to decide.


(Guest)

This is called Affairs of the Heart...There`s no legal remedy for it and if there is,there shouldn`t be.

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