Fir related

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
IF police file an FIR where a person falls under 375 420 and 415,how much time needed to call that person for investigation..

will they just let him go after the questions or take him in custody?

what are the chances of that person getting bail on the same day of an arrest?

can a person take anticipatory bail in advance knowing that he may get arrested?

HERE the women has asked for justice as she has been cheated by her lover and betrayed her by getting engaged to someone else...

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Deepak Nair (Expert) 21 December 2011
The offences mentioned above are cognizable offences, where the police can arrest the accused without any warrant.

The accused person can either get an anticipatory bail or can apply for bail when produced before the court.

Yes, anticipatory bail can be taken.

The fate of the case depends on how you present the case and how strong your evidences and witnesses are.

ajay sethi (Expert) 21 December 2011
did the lover make any promise of marriage?

does the lady have any evidence in form of emails , letters , sms etc?

the police will carry out detailed investigations .

if they feel a case has been made out then only will they taake action against lover

he can make application for naticipatory bail if he so desires

Querist : Anonymous (Querist) 21 December 2011
what type of investigation police will do?

lady has submitted photographs and letters and cards showing his love proposal..

is this sufficient?

and also if in this case if a women do not have any proof then it means police will not even file an fir ?

Shonee Kapoor (Expert) 21 December 2011
Though it is a cognizable and non-bailable offence, it is not must for the police to arrest a person, if they find his version plausible.

He can apply for AB and the same can be granted as well.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 21 December 2011
And merely because love has gone sour doesnot mean that it was a rape and cheating case.

If the facts are really so, then only go ahead with the prosecution.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 21 December 2011
sorry mr kapoor..u misunderstood the case ..it is not the love gone sour..it is tht d person has betrayed her trust and backed out ..his promise for the marriage was false ..

women has become a victim of fraud...and it is a simple tht no one will take a step to file a case for breakup as it takes lot of courage for a women to got to police station and tell abt her personnel life..

Devajyoti Barman (Expert) 21 December 2011
The Police would do its job. It is not upto the complainant to dictate the Police as to how to conduct the investigation.
However if during the process of investigation the complainant finds gross lacuna or biasness, he/she may seek court's necessary intervention.

Raj Kumar Makkad (Expert) 22 December 2011
There is no hard and fact rule to deal with the situation you are asking. It depends upon concerned official of police whether he arrests the accused person immediately or completes his investigation first. Bail is a discretionary power of court, however, discretion should be judicious.

prabhakar singh (Expert) 22 December 2011
None can regulate investigation of police!
However the slackness,if any, of investigation officer can be complained off to his superior.

Bail Grant is the matter of judicial discretion of court and the merit thereof can not be assessed without looking into charge sheet and other papers.

There is provision of anticipatory bail and it may or may not be granted.

A promise to marriage is not specifically enforceable at law.

Await for a case law pending for decision by a larger bench where if man causes the lady to believe that they are married and cohabitation goes togather as such the man can be charged for offence. But even if it comes in favor of the lady i think educated ladies shall not but illiterate ladies shall get benefit thereof.

Querist : Anonymous (Querist) 23 December 2011
i agree with what u say mr singh bt not at all agree with the fact tht educated lady will feel different or uneducated will get benefit..

first of all a lady is women first and being a human ,emotions and the betrayel of love effects every women and most of the case women do not fight for any monetary compensation bt they fight for dignity..

i think only women can understand this

Deepak Nair (Expert) 23 December 2011
As far as concerned to the legal aspect, the same is explained to you by experts in the best possible way.

I repeat here that, you can initiate legal action, but the fate of your case will depend on the evidence.

Please start thinking with a broad mentality. Just like women, men too have emotions. Please note that such things happen to men too, where women makes relation with well to do men and leaves him when she finds richeer men. Such women are also women, just like the woman in this case.

Therefore, plese don't discriminate between genders.

Querist : Anonymous (Querist) 24 December 2011
Mr nair..i think u misunderstood what i was trying to say..it is not about the gender..it was the answer abt wht benefit educated women will not get or how uneducated women will get..

if any person who was truthful about the relationship..be it a man or women, if the other person leave him or her for no fault then the person will get hurt and it depends on how you take the circumstances..

In this case the lady who has been cheated is well educated,done MBA and earning very well..very beautiful,,,financial status is better than the boy..she wud have been moved on and got better future however for her relationship was not a game and she was committed truthfully bt this guy has cheated him so she want a justice..coz the only thing was bothering her tht nobody has the right to play with her emotions..

there were 2 options..either she kept quite or she raise the voice..she consulted with few friends and they told her to fight..

she has raised the voice and waiting for the justice..she is confident coz she got lot of evidence in terms of message cards and photographs..

will give the update about the case

thanx

V R SHROFF (Expert) 24 December 2011
Minu,

If Both were willing to marry each other, I can't believe any Element of Rape u/s 375

Now She was not compelled to deliver any property , had not deceived any person fraudulently inducing her.
Being an educated lady, without any pressure or duress, willingly and voluntarily kept close relation for a long period [not mentioned]and man changed his thinking & opinion, was uncomfortable with her, left her, will it attract punishment??

Your good luck, he did not marry you, and later file Divorce Petition??

Then all Divorce Petition should also accompany sec 415 & 420.

should all Engagement / or promise to marry must result in Marriage??

At the most, if you suffer, court may allow compensation.

Querist : Anonymous (Querist) 25 December 2011
so mr shroff are you trying to say that if any person who promised marriage and later on refused without any fault of that person and go ahaead with life leaving the other person shattered is not deserve any punishment and women should keep quiet coz according to you this is no offence...

so any one can play with anybody emotions and leave whenever they feel or whenever they get bored...right? and this is no offence...

then why in our country there is a law made recently for living in partners saying women have certain rights in these type of relations.

in this case this women is not looking for compensation...she is fighting for her dignity.coz this person has done so much to gain her trust and kept telling her tht he will marry her only bt needs time as he want to settle..there waS no other problem..they have reached a phase where they know each other very well and adjusted acoording to each other..

suddenly this guy, intention has changed and he did engagement but continued meeting her..so what does that means?

he told after saying that he loves her but cant marry due to family pressure?

after 5 yrs you cant say that and in 31 yrs of age no body can pressurise you..

this is the simple case of fraud and cheating on d basis of false marriage promise..

the person also comes under breach of trust law 406 if it do not only support property issues..

and also IPC SECTION 375 clause no..4 says

Fourthly.—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.

this person has assured the women that she is his wife and even gave sindoor and mangalsutra to her to assure his love and commitment...

now considering all these facts i will not tell the lady to keep quite and bear the pain and then move on as time is a great healer..she should fight to teach a lesson to that guy tht it is not a joke.

what if after getting married to other girl also he do it with any other lady outside thinking he can do anything and no body can destroy him and he can make fool of anybody .

Deepak Nair (Expert) 31 December 2011
Dear Querist,
In this case, as explained by the experts above, breach of promise to mariiage does not amount to any offence.
You can take a chance by filing criminal cases against him.
You have misinterpreted the Sec.375(4)of IPC. It does not apply to this case, as the girl in this case is not married to anybody and the boy did not have sexual intercourse by making her believe that he is her legally wedded husband.

I would like to tell you one thing that, now a days, the so called modern girs live such an indisciplined life, without thinking about tomorrow. But they have their own justifications. The girl would have thought about her future, her family and her society before doing such things. But she gave in to the heat of passion and pleasure and she repeated it many number of times. Now, at this juncture, the blame is on the boy.
I do not want to tell that the boy is innocent, but the girl too is equally liable for what has happened.

In my opinion, the allegations of rape and fraud does not apply to this case. I agree completely with Mr.Shroff as his opinion is correct and complete legally.

Querist : Anonymous (Querist) 02 January 2012
I think apart frm Mr sethi and Mr barman,all legal experts are taking side of the man and trying to save him..

However i am tired to explain this tht in my friend case it was not any kind of break up happened or nor any love gone sour..

this guy has wasted time of this lady assuring tht he will marry her only and if she will not wait he will die..

in this world not everbody is practical like me or like u people..there are some people who think frm heart..this lady has rejected so many offers of marriage told by parents coz of this boy assurance and trusted his words and in this world there is no such law who says tht trusting someone is a crime or mistake..

this person very nicely took financial help also for his buisness and whn he settled he said very nicely to the girl tht he truly loves her but cant marry due to some reasons..

in the start of the relationship this cunning boy proposed a divorcee girl saying he will accept his son also and wll marry him and now he is thinking abt all these things and society which is wrong..

why we are thinking abt making some law about living relationship ?so tht nobody misuse these relationship..we are making some law to support these thinngs abt women..

this girl is not so modern so tht she can quickly move on with life..rather thinking abt justice considering the fact tht it will give her bad name also coz people like u wll raise fingers on her..they will not simply think tht she is a victim of blind trust.

and mr nair modern girls do not wait for one person for 5 yrs..so this lady is modern bt stick to certain principals also and was loyal to him for 5 yrs..

and this person accepted in front of police tht it is not her fault and he backed out due to some reasons and after meeting this girl his relatives took side of the girl and wanted the boy to keep his promise..

but still issue not resolved and under the investigation till date..

and if it is not a case of fraud or cheating then why police has accepted the case.?.they also know the law and do not accept the case if there is no charges apply..

how can u say tht girl is equally liable for wht happened mr nair?

girl was waiting for him and boy changed his mind fearing society and religion so boy is liable for what happened..

if we ask these stupid question and raise fingers on victim then nobody will ask for legal help..

if a senior citizen got murdered by the sales man thn u people will say tht old man is responsible coz he opened the door..close the case

if somebody borrowed money and not returned it then u ll say why u gave him the money..u r liable for this..close the case..

if somebody do the eve teasing to a girl thn u ll say tht why the hell girl was going alone...it is girls fault..close the case

if somebody fall sick by eating food outside then u ll say why u ve eaten outside..ur fault..close the case..

if sombody wll kidnap the child then u ll say ..parents are responsible coz they have not took good care of the child..close the case..

pls stop saving criminals who take advantage of good people..

Querist : Anonymous (Querist) 02 January 2012
MR NAIR PLS READ THIS CASE..

The new definition of rape

RAPE, IN India, is defined as intentional and unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are ‘sexual intercourse with a woman’ and the absence of consent. The Section 375 made it clear that intercourse would account to rape only during the absence of the woman’s consent. But a Delhi court verdict, which came in yesterday seems to modify the definition. This will come as a sigh of relief to the women across the country.

Having a sexual relationship with a woman with a false promise of marriage can also be termed as rape. The case was being heard in a Delhi Court and it involved a man having sexual intercourse with his neighbour. The man was found guilty of rape and sentenced to seven years of rigorous imprisonment.

In the present case, Chhotey Lal, the convict and father of six children, had eloped with his neighbour in New Delhi in September 2004, and took her to far away places like Jaipur and Chandigarh. According to the girl, the duo established sexual relations after Lal assured her that he would marry her ‘very soon’. Meanwhile, the girl’s father lodged a ‘missing’ report with the police. The police detained Lal and the girl in March 2005 at Sarai Kale Khan Bus Terminal when they were returning to Delhi. Chhotey Lal was prosecuted for abducting the girl and having sexual relationships with her on false pretext.

“The so-called consent under a false promise to marriage is no consent,” additional sessions judge Mahavir Singhal said.

Highlighting the difference between ‘will’ and ‘consent’, the court said that a nod for sexual relations obtained by a man on the false pretext would not amount to a ‘legal or valid’ consent to save him from punishment for rape.

The Court observed that, even if the woman is assumed to be a willing partner in having a physical relationship, that the accused had no intention to marry her would make it a case where consent was given under misconception of facts, nullifying the efficacy of the nod.

The above hearing of the Court would open the doors for thousands of women across the length and breadth of the country to come ahead and lodge their complaints. There are many women who are misused or misguided by their lovers, who under the pretext of marrying them just maintain a sexual relationship with them. Thus, this verdict would revolutionalise the way in which rape was seen. Even if there were mutual consent, if the consent is based on a false pretext made by the man then the consent would stand as null and void and the intercourse be termed as rape.

V R SHROFF (Expert) 02 January 2012

Minu,
you said

"in the start of the relationship this cunning boy proposed a divorcee girl saying he will accept his son also and wll marry him and now he is thinking abt all these things and society which is wrong.."
Divorcee girl Nahi- Divorcee Mother.
Ma ko girl nahi bolta, ma ko ma bolta.

& you being MBA, could not master for 5 years, you were married earlier, had habit of Sex, and a mother, wanted someone , and lured this Bachelor. You well used him for 5 years, good that he came to sense.

You said "love effects every women and most of the case women do not fight for any monetary compensation bt they fight for dignity..

i think only women can understand this"

I know all woman demands lakhs of Rupees to Divorce man, though women do not want to come back to matrimonial home, they just fight different case to enhance their claim of maintenance, and alimony.
They tell lie to court, I want to live him, when we ask, ok go today direct from Court to his home, immediately their colour changes, " wo mereko mar dalenga?" mein suicide karungi" Court ordered Police security, and husband liable for any violence if she join, She betray court, Judge and ultimately says mere ko to mother in law ki sath rehna nahi. pahle sans ko ghar se nikalo??

All Indian laws only favour Female. & weaker section.
"Do minute me char fera laga diya, or ghar beth gai do din me, or lifetime khana pina maintenance mangta hai ?? our jail me bhi dalna mangta hai"
""sorry mr kapoor..u misunderstood the case ..it is not the love gone sour..it is tht d person has betrayed her trust and backed out ..his promise for the marriage was false ."".IF HE GET BETTER CHOICE, WHY HE SHOULD NOT GO FOR IT.? YOU MEAN LADIES DON'T DO IT?? Can you give Account of who spent more for and during your relationship? Who was paying for hotel & food and your sarees or dresses & gold, and who approached whom?? for what?? what was the basis you selected each other, and what happened that he throw you out of his Life?? you started hating him, and you hate him is obvious. We do not know what he has to say ,"DO HATH KE SIVA TALI TO NAHI BAJTI NA??

If we listen HIS part of life, and Part of your EX Husband, and ex- husband's family members, it can be obvious who cheated whom?? Who was cunning from the beginning??

You are angry and want to send him to jail because you stopped getting something free what you, a married and divorced mother, after getting maintenance and alimony were enjoying out of this bachelor boy.

SO A DIVORCEE MOTHER COULD LOVE ONCE MORE TO A BACHELOR BOY:
U R SHOWING COLOURS SLOWLY. SOON YOU WILL SELECT AN ANOTHER ONE FOR YOUR PURPOSE. I AM DAMN SURE. DON'T HIDE FROM DOCTORS AND LAWYERS.

THE BOY FRIEND TOOK 5 YEARS TO GET RID your [HER] ACTUAL COLOURS, AND HER EX- HUSBAND TOOK HOW MANY YEARS TO DIVORCE HER?? WHAT YOU GATHERED FROM HIM?? OR FREE DIVORCE??

Tum karo to pyar. wo kare to RAPE, 375 420 and 415????
WAH BHAI WHAH : He is bachelor, young, and you are a Mother of a child, a divorcee, and who raped whom?? YOU ARE MBA EARNING WELL, 31 AND WHO WANTED WHOM??

IS HE FOOL TO LEAVE YOU. ?? YOUR EX- HUSBANF TOO WAS FOOL TO THROW YOU OUT OF HIS LIFE, WITH CHILD? YOU ARE CORRECT AND WE ALL EXPERTS ARE FOOLS- DONKEYS??

Love is measured by the scarification. how much can you scarify for your lover.
here you want him to be in jail, should not get bail.
this is your bl love??

ok, I BELIEVE, HE HAD NO LOVE, BUT DO YOU HAVE LOVE??

THIS IS YOUR SO CALLED EVERLASTING DIVINE PURE WHOLE HEARTED LOVE FOR HIM??
jail & no bail?? For him.

So many Experts guided you free of cost at our cost, and if you want to comment badly,
I TOLD YOU THERE IS NO OFFENCE, AND THERE CANNOT BE PUNISHMENT. YOU ARE * TO BELIEVE , BEING EDUCATED THAT ONLY 2 EXPERTS IN YOUR FAVOR AND ALL OF US ARE AGAINST YOU.
IN FACT LAW IS AGAINST YOU.
those two are also neutral, and warn you, which u cannot understood. you understand your own language, not of experts.
LAW IS LAW, AND INDIAN LAWS ARE THE BEST IN THE ENTIRE WORLD.
ONLY ADMINISTRATION OF LAW IN INDIA IS VERY BAD.

YOU WANT TO REMAIN ANONYMOUS, At least give his phone no. to let us know the real story?? In case you file court case, let us listen your evidence" I gave you crystal clear free Legal advice without misguiding you, and you addressed me; so mr shroff are you trying to say that *bla bla bla **
We Experts can read in between lines, and understand a person, we don't need 5 years + another 5 years + baby to understand Mrs mba Minu.

In your original Query, that we replied, you hide from expert your first marriage and a child, and your Divorce and your second illegal relationship for 5 long years. You did not come to this LCI forum with clean hand.

You are hiding your identity. If you are right, why hiding your face, why show off that you are someone's friend & not Minu yourself??

you said
“ and mr nair modern girls do not wait for one person for 5 yrs..so this lady is modern bt stick to certain principals also and was loyal to him for 5 yrs"
Once he says he can't marry now go to next who marry you, why wait for 5 years?? Your intention is only to marry, get husband and give your child a father..
if you wanted to prove pure love, you should be a mother of at least 2-3 children, and he would have been a father of your child. Society would have supported you. He would have been compelled to marry you. But no, you were knowing what you are doing.
I bet you will never go to court. You will use police to extract money from him, that's all! Only that can be your motive.
Who r criminals??

Let me know after 5 years the Result of your game. At that time, Minu, you don't hide your identity or facts.
Remember THAT THIS IS A Privileged COMMUNICATION TO HELP YOU UNDERSTAND YOURSELF BETTER. KNOW YOURSELF WELL, TO PLAN YOUR FUTURE LIFE. NEGATIVE THOUGHTS MAY RUIN YOU.
Better think Positive, Think well on this New year eve who pleased you for 5 continuous years of your young life.
By sending him in Jail, you don't get anything. You only loose what you will have to pay Police to jail , beat and harass him. I know Ladies can't forgive.I know you will never go to court, as " Court me tera sab bhanda foot jayega," All your ex will also give evidence. All court records are public evidence and your child will read it.They will come to know how you came in contact, for what , and both HE will tell their story, of what you collected from ex-HE & present HE & future HE. HE had nothing to loose.
ok. 5 +5 years illness cannot be cured with a single sour dose of medicine.

V R SHROFF (Expert) 02 January 2012
""MR NAIR PLS READ THIS CASE..""

THE DIFFERENCE IS, IN THAT CASE MAN WAS MARRIED, CANNOT MARRY THAT GIRL, FATHER OF 5 CHILDREN,AND A GIRL WAS 17-18?? THE INTENTION WAS SEX, AND NOTHING ELSE WITH A GIRL OF HER CHILDREN'S AGE!!
IN YOUR CASE,
WOMAN IS A MOTHER OF CHILD, AND BOY WAS BACHELOR. THERE WAS NO FALSE PROMISE, HE CHANGED HIS MIND, AS SOMETHING HAPPENED DISCOMFORTING HIM. HE WOULD HAVE OTHERWISE ASKED FOR DIVORCE. .

IT MAKES LOTS OF DIFFERENCE.

People will soon need to sign Affidavits before Sex, or Later Pay Ransom to lady & Police. Soon A mechanism for blackmailing man will start. On Pune Railway station, 3 Military man were charged of rape at mid night of a platform resident woman, as she complained, [actually received less amount than she expected] So now it will come within ambit of misrepresentation and rape of *wh*s!It is her business, but if paid less, it is rape. It will benefit Bar Dancers and what not??

Because after all, everywhere Man are punished, They have to pay for hotel. food, tours, hill stations, jewellery & gold, give employment to her brothers and sister, give contracts to her husband, promote her & increase her salary, give away gifts.
As if girl are not going for man, for various selfish motives.
Man Ultimately become Bill Clinton.
Get punished. Who lure whom??

Deepak Nair (Expert) 02 January 2012
Dear Mr.Shroff,
Well Said. In this case, the query of the querist was answered sufficiently on the first instance itself. She had three questions regading the legal proceedings, all the three were answered.
All the subsequent conversations and the unfurling of the truth was the result of an unintented comment from Mr. Shonee Kapoor i.e. "Love gone sour". that statemetn was enough to poke the ego and the results are as above.

However, the legal position is explained to her by us already. It is true that she concealed the facts.
But, since we have advised her regarding the legal, moral as well as the logical aspects, it is upto her to take the appropriate decisions.

Deepak Nair (Expert) 02 January 2012
Dear Querist,
I don't think that this judgemtn, mentioned by you above, applies to your case. Here, the boy never took her any where or they never co-habited for any period of time, except for the time of having sexual intercource, that too by mutual consent. In the present case, the promise of marriage is difficult to prove, looking to the situation.
Allegations can also be raised by the boy that the woman in this case used him for sexual pleaseures in return to any monetary help advanced by her, and when she got old and realised that it will be difficult to get married again, she started pressurising him for marriage which he rejected outright.

Earler, you did not mention that the girl in this case is a divorced mother. You should have revealed the entire truth for an appropriate ad satisfactory advise from the experts.

Any way, the legal position is already informed to you in the beginning itself.

In the present case, any legal remedy to you is very difficult and very remote.
You can get what you desire by influencing the police, but such acts will definitely backfire on you.

Please consider this as a sincere advise as the experts here are not at all biased and nor against women, which you can find by browsing the other queiries regarding the similar issues.

Querist : Anonymous (Querist) 03 January 2012
DISGUSTING...Ccannot believe tht a responisble person abused the lady without knowing the facts...

you can asume tht lady is bad bt u cant asume tht man may have cheated hhim..WHY?

and d language mr shroff has used is so bad and abusive tht i am shocked tht it is coming frm legal expert..

if u check the entire chat u ll see tht i ve not used such bad words for the accused and here u r using bad words and abusuve thoughts for a lady who is a complainant..

all these things u said is a matter of imagination tht u think of this world..

and also i ve not hidden anything as u mentioned abt being her divorcee and mother cos i ve created an account and asked 2 questions where the other sub is cheating by the lover...if u people cannot understand tht it comes frm the same person thn it is not my fault...

ALSO I CLEARLY MENTIONED tht this person (boy)has accepted everthing and lady has evidence of saying him to wait for marriage and he wll surely marry him..and after seeing all those his relatives fe4lt he has done bad and told him to marry her..
she agreed not xoz she want a family desperately but coz she value the time she has spent with him..

the lady has gone in depression and not able to talk like all this so dont asume tht i am d person...
'
if u felt bad qand showed anger if i objected ur thoughts and started bad words thn how can u expect a person who has been cheated and u expect not to show anger by filing case?
is it fair?
and also u shud not assume and react..rather u ned to ask questions abt wht went wrong in d relation and why this circumstances arrived?

here i trust our law and tht why i told her to raise her voice...so dont teach me tht , INDIAN LAWS ARE THE BEST IN THE ENTIRE WORLD.

if u had bad cases where women asked for money tht doesnt mean tht u confirm tht she is the same..

and also u shud not passed bad comment abt her past life..

your comment means tht a divorcee cannot think abt remarraige coz she is a divorcee so definately she is bad and not good for marriage..

it is simply not at all acceptable tht u used such a dirty words which i even not used for the accused...and that also just coz of ur imagination...

i m just disappointed and cannot believe tht educated people give response like this just on a fit of anger coz someone not agree with ur opinion..

i do not know tht this foram is just to ask question and get answers.and kep quite.i was not aware tht if u raise ur objection then people will start using abusive language..

if there is any Head of this dept then i want to ask is this d right way to speak about a lady whom u dont know.?

u shud have ask question like may be lady has done somethng wrong which led to breakup or reached this stage?

u have d right to ask negative questions tht bt u shud not used bad words abt any lady in a fit of anger coz i objected your opinion..

Deepak Nair (Expert) 03 January 2012
Dear Querist,

I repeatedly say that the queries from you were answered in the beginning itself.

But it is true that you concealed the fact that the girl in question is a divorced mother.

It is already explained to you by learned experts regarding the actions which can be taken by the police, regarding bail, anticipatory bail etc.

The subsequent conversations were also on the basis of assumptions/imagination since none of the experts were aware about the actual facts and developments in the present case till yesterday when you stated that the lady in question is a divorced mother which was concealed by your good self.
Therefore, the views of all the experts were based on the assumption/imagination that the girl in question is an unmarried girl.

Please note that, since you concealed a vital information inorder to get the details regarding legal actions to be taken against the accused, it is natural to think that there is something fishy in the whole story.

Since you made us assume that the lady in question is an unmarried girl, Mr.Shroff cannot be said as wrong in assuming as per her comments. Please note that he is a well experienced advocate who have knowledge in handling such type of matters. Some times, the practical experience itself is enough to judge somebody.

You said above that the boy in question has admitted that she had promised to marry. But I doubt that he will ever admit to the charges under the sections put forward by you.

You can definitely take legal actions, but, as explained above, the allegations shall be proved beyond doubt, which i feel is very difficult in the present case.

Do you believe that the relatives of the boy will support you to send him to jail? I dont believe so. In any case, the sectins and judgment put forward by you are not applicable in the present case. Rest depends on the Honorable Court to decide, if any case is filed.

As per my experience, such cases stand a difficult chance to survive before the court of law.

Further, we don't have the power to see who the people are posting queries as anonymous. If you had an earlier query regarding the same subject, please follow the same thread for further discussions in the said query instead of creating a new thread.

The divorcees too have their right to remarry which cannot be questioned by anybody. But do you think this is the way to remarry?? The girl had the opportunity to be restrictive she had the intellect and opportunity to stop the relation to advance further to sexuality. But the story told by you and the way you presented it by concealing the facts and later revealing it is enough to raise a suspicion in the minds of the people.

I would like to bring to your notice that this is not a site where one should get answer and keep quite, that you know yourselves. Because you have got answer to each and every query to your satisfaction and another proof is this thread itself were we have responded to you in each and every query.
Please note that, instead of asking for clarification in the legal positions, you were busy in justifying the deeds of the lady in question which was not at al questioned by anybody. All the comments you received were only in response to your queries and comments.

I request you to clarify the details in your query so as to get satisfactory solutions.

Querist : Anonymous (Querist) 05 January 2012
Thank u very much mr Nair for using professional language on this respective site and i appreciate it.

first of all i told u tht the entire details of the lady has been mentioned in the other query so there is no reason to hide anything coz if anybody asking any question and want fair answer then he sud know tht he will get the right answers only if he gave the real case...i am not a fool to not understand this..

also if u assume that it was not clear to you then also we cannot say tht if d person is divorcee then law will not support her and neglect the evidence she is giving...

and if unmarried girl file such case then law wll support her..it is simply not true..

any person who is a victim of fraud has a right to raise his voice and ask for judgement as per my knowledge..

and there is no such law tht bachelor cannot marry a divorcee lady so tht is d reason that lady accepted his proposal after 3 months of his continues trying to get her agreed for the same..

lady do not no any law whn cheating happened..it was a lawyer tht told her tht she will get justice..

previos expert who use abusive language in a reply mentioned about people running for money and said tht police will also take money and blamed the entire world tht is after money did not mentioned tht even in few cases lawyer took money from accused and victim loose d cases.

bt then also we trust our law and lawyers and seek there legal help..we just cannot assume tht all lawyers are after money and we wl not get justice..so we cannot assume tht everbody is after money..

there are so many poor people like rickshaw driver ..sabjiwala who got a money bag more then lakhs bt they return it to the police..even my cousin lost an expensive phone in the rickshaw bt he got it back by him....everbody is not after money..

and as i mentioned that lawyer helped a lady filing a case and whn you people saying that there is no case apply in such situation then i need to assume tht she is doing this just to get money from the lady..so lawyer is misguiding the lady for money?

thank you for d assistance and i wll surely met d lawyer to ask this so that my friend do not loose her money..

again thank you very much mr nair for using professional language however i am disappointed and shocked by the previos response and do not want to continue the conversation as i cannot tolerate abusive language and bad words on d basis of assuming bad world..

thank you very much

Deepak Nair (Expert) 07 January 2012
Dear Querist,
Finally, after all these exhaustive replies and counter replies, I would like to clarify one thing. That is The sections and judgments put forward by you in one of your above reply does not apply to this case.
I too am aware that the law is not different for unmarried and divorcees. But, the accused does have a number of defences available fro him and normally, it is very difficult to prove such allegations. That very thing was explained to you by the learned experts in the aboe responses.
I am really sorry as you are feeling offended by a reply from one of our colleaue in an earlier reply. Please note that he could write so much only because of the practical experience he have in handling such cases.
Instead of feeling offended, you can consider this as a blessing in disguise as those are the possible grounds which the accused may take as his defence and your friend can prepare well to face such allegations against her.
since you say that you have very strong evidences against the said accused, then you may take any action as suggested by your advocate. You have done the right thing by trusting your advocate who is better known to the facts that us. We can guide you on the basis of legal aspects, since the quersits hardly put the facts as it is.
Any ways, i wish you success in your fight for justice.
And a very happy and propsperous new year for you and your family & loved ones.

Bye.

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