Hemant Sharma
04 April 2021 at 22:22
This part is modified later: I highly respect the free advise given by experts on this platform and do not intend to waste anyone's time deliberately. I have categorized the query in 3 parts so an expert may choose to read every bit or just skip to the QUESTIONS SECTION at the end.
Man:
Marital Status: Divorced with a child, child not staying with the man.
Age: 35
Education: Post Graduate
Girl:
Marital Status: Single
Age: 24
Education: B.Comm (Hons) - Cleared most CA exams in the first attempt (only last exam remaining) - MBA Final Semester
The girl was introduced to the man in form of a professional relation. She started showing very visible interest after sometime and when confronted, she accepted she has feelings for the man. The man also found the girl to be decent enough and entertained her feelings towards him. After some time, once they were more close and talking over the phone, the man asked the girl about the possibility of parents accepting their relation and agreeing to marriage. The girl made it very clear that they will not accept this relation since there is an age difference and the man is divorced before with a child as well as the fact that her family is very orthodox and their reputation is utmost important to them.
The man asked the woman that in spite of this, is she still willing to marry him and the woman's answer for positively yes with a very strong confidence. The man kept all the possibilities that may arise and asked her to evaluate before making a commitment. The possibilities are as follows:
1. Parents locking the daughter or house arrest.
2. Parents emotionally forcing her to not marry the man.
3. Parents get shocked to an extent that they may have certain health related problem or they may role-play a health related problem to make her do as they wish.
4. If she get's COVID or any other contagious or dangerous disease.
The girl and the man discussed a few other possibilities that might arise and after very healthy and long discussion, the girl made a promise that in spite of any of these situations arising, she will not back of from marrying the man and will choose him if a confrontation with parents came to be. The man also promised that in any of these discussed circumstances, he will marry her and not back of. The girl was aware of the past marriage and the child as well as every other small details of the man about his personal and professional life. The man never hid anything from her.
She suggested a better option that she can come to the man's city on the pretext of a job and then marry him without the knowledge and consent of her parents and will only tell them once the time is right or in a situation where there is no other option.
She spoke to parents about going to Delhi for a job but they refused, high drama accompanied and the girl decided to run away. The man did not initially agree to this but when the girl said that if he does not accept her to come and live with him, she will run away from home and go somewhere else. On this the man agreed as he perceived that the girl coming to him is a better option than running away some place else. By this time, girl had told the man that her mom is her biggest enemy and that the mother is very manipulative and is making it hard for her to breath.
The girl asked the man to book the tickets and other related expenses for her plan. He did the same and she successfully came to the man in Delhi in the month of July 2020. They started living together under the same roof in a live-in relationship akin to marriage where both would share equal responsibilities of house hold, etc. The man, upon the insistence of the girl, introduced not only to his mother, but all the relatives, friends and people in personal and professional circle to prove that he does intend to fulfill his promise to marry her. The same promise was re-iterated by the girl over a span of multiple months and they decided to get married in the month of December on a certain day. Till then, the man was responsible to take care of all expenses while she was sharing accountability in the household as well as used the man's professional links to give interviews for possible jobs.
Their marriage was announced in the circle of the man (professional as well as personal) but when the day in December started getting close, the woman expressed her desire to extend the date with a reason that she wants to get married when the man is relatively free from work so that they can have 5-10 days together for vacation. It was doubtful to the man given his profession was very dynamic but when she insisted more, he agreed. In February 2021, the girl became ill and expressed her desire to visit home once. In the start of March, she was diagnosed with Pneumonia and started her medication accordingly.
On 9th March 2021, she got a call from her mother that her father is tensed about her health and that his own health is taking a hit because of the same. So she told the man that she will go and visit her parents for some day, get a little better and come back. She went back on 11th of March and even till the end she kept promising and consoling the man that he doesn't need to worry as she will be back as soon as she is better and she is not going forever, just till she is a little better. In fact she said she wouldn't have gone at all if his father was not worried.
She was in touch throughout the journey and spoke once with the man on 12th of March 2021. After which she disappeared. The man, through his sources found out that it wasn't Pneumonia but Lung TB that she was infected with and luckily the same has been diagnosed early and should be cured completely in 6 months. As per the health department's information, he got to know that she will no longer be contagious after 2-3 weeks of medicine and will have drastic health improvement in 1-2 months as it was normal Lung TB that she has.
He decided to wait but did keep on trying to contact her once a day with no response. Suddenly, the man realized, that she has blocked him from social media as well as on whatsapp.
Finally after multiple attempts of reaching her via her friends, she responded saying that she had to back out because of her father's health and that she meant everything she told the man but it was unexpected circumstances and that destiny does not want to them to be together. She again stopped communicating with the man and her friends as well. The man later found from her college friends that she was in fact having a boyfriend (another boy) who she had told every one in the college and class. As per her friends, she was having a relationship with this other boy.
(All these are evidences in form of very clear and long conversations recorded on phone, email and social media messaging)
Questions:
1. While a mere breach of promise to marry does not account to cheating, in this case can cheating be established that the girl had already discussed this situation and gave her promise after understanding this possibility may arise in future and now she calls this same possibility that came true as 'UNEXPECTED CIRCUMSTANCES' and 'DESTINY'. Since for cheating, fraudulent or dishonest inducement is required to be present at the time of making the promise, the girl had discussed in detail this possibility and accepted that she will still marry him if this possibility becomes a reality. Is it good to be considered as possible cheating?
2. Is it just mere breach of promise, or can this be termed as FALSE PROMISE TO MARRY.
3. Both had declared that they will be married before the entire family, friends and professional circle of the man. Is it not wrong to have declared this to these many people? Will it not tarnish the reputation and goodwill of the man?
4. When her friends are declaring that she already has a boyfriend, can this also be used to prove that she had fraudulent or dishonest intent at the time of making the promise which can also be accounted as cheating? Her own friends are willing to give official testimony in front of the police and the court regarding the same.
5. While physical relation of the pretext of promise to marry are many times charged with rape in case the victim is a girl, it is obvious that rape cannot be roped in here as the victim is a male. Is there another manner that the physical relation be considered as some form of pleasure that the girl enjoyed with a false intention (like using someone)
amit
02 April 2021 at 12:21
police has produced pendrive (which contains cctv footage ) with challan
we ask court to give nakal of pen drive in 207 crpc & court allowed application & order pp to give nakal of pendrive but since 8 month we did not get it
2month time taken to file application & order to give it ) due to kovid(3 month court close) & magistrate(2 month) was not present
i wish to know does police has a copy of cctv footage ?
police has submitted complainant's pen drive with challan in court
i wish to know does police has a copy of cctv footage ?
so that i manage to see what incriminating against us
I WISH to use any connection in police to see cctv footage if police has footage
without footage i am unable to show my file to any advocate
lawyer said consult me after having footage
i am very eager to see cctv footage becoz only after seeing it i can make defense
Anonymous
30 March 2021 at 00:22
Is there any such section in Law, to protect the husband from the cruality of wife and her relatives? I came to about the section..plz explain it or convey the sections regarding to protect husband from the cruality of wifes.
ishan saxena
28 March 2021 at 07:08
Hello,
Elder Sister of my girlfriend( we married in arya samajh but dint tell this to anyone) Torchering her mentally and beating her badely jus because she want to marry with a guy(ME).This torcher happening daily with her. What action my girlfriend can take on his elder sister for mentally Harrasing her and beating her. Pls guide about it.
Anonymous
26 March 2021 at 20:00
Does anything, even politely asking something, can be considered to be obstructing public servants especially police to attract 186 IPC ?
Is there any definition on what constitutes obstructing public servant means, either in IPC or in any other Supreme Court judgement?
Thanks and Regards
B kumar.....
25 March 2021 at 18:12
Dear Sir/Madam,
My neighbor one month ago wrote with paint "Khandelwal Sadan and his Mobile no"on the common wall (Shamlati Deewar executed on Rs 500/-notarized and witnessed stamp paper) of my side attached with my house main gate forcefully. One will clearly understand me khandelwal(Khandelwal is a cast of vaishya/mahajan) and my house 'Khandelwal Sadan' whereas I am Agrawal (Agrawal is an other cast of vaishya/mahajan).
Can I have exclusive rights of my side in this regard ?
Can I file a complaint at Police Station, and Will Police take action of getting it erased or not ?
Kindly.guide me.
Thanks
Regards
B.Kumar
Hari Konanur
23 March 2021 at 10:46
Namaste sir
I agreed verbal deal with flat seller in Bangalore for 56.5 lakhs and for which i paid Rs 5000 in cash to collect xerox copies of documents.
When i gave Rs5000 amount, the papers were not ready with the seller and asked me to collect after 2 days and as a good geature i agreed
After 2 days sellers asked me to collect papers but i was little bit reluctant because i recalculated my existing loans and next procurement of loans and it's emi.
So all these expenses including registration charges went up to 61 lakhs but I was not affordable to this amount.
So i did not collected papers though sellers kept ready for me.
Then i requested to return back my Rs5000 amount as conditions was not laid by duo and it's being in verbal.
Now seller is considering this as token amount and says amount cannot be refunded.
I requested at least deduct 20% of Rs5000 and return balance Rs4000 and for which no reply from the seller.
The seller replied that "token amount cannot be refunded in anywhere else and I'm not exception "
Every conversation between us is through wattsapp messages and i screen shot to save in my PC and also taken hard-copy
Is I'm at fault sir,
because usually after property rate is fixed, it is common to obtain xerox copies of documents by paying 1k or 2k or 5k.
If legal opinion is failed or for any reason if buyer is not willing to proceed he will return back papers and get back minimal advance amount paid. Because everything goes in verbal in this phase.
Whereas during sale agreement execution all terms and conditions will be mentioned and signed by duo with witnesses, since amount will be 10% of total sale amount i, e 56.5 lakhs
Kindly advice me
Regards
Narahari
Anonymous
20 March 2021 at 16:57
ANYONE PLEASE SHARE A FORMAT FOR APPLICATION OF PRIVATE CASE IN MALAYALAM TO BE GIVEN/FILED IN COURT.
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Vehicle stolen
Respected experts,
my vehicle was stolen 2 months ago I have registered an FIR for the same, the police officials have found the person who stole the vehicle and that person says his friend took away the vehicle and is absconding now. further, there is no process going on by the police officer so what shall be the next step that I should take ???