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Abhimanyu   29 December 2015

Legal advice on charges u/s 376

Hi sir,

One of my friend is facing charges u/s 376. Her girl friend filed FIR against him which happened 3 years as per her FIR. My friend is out on anticipatory bail under session court on first attempt. As per the girl, my friend had physical relationship with her on promise of marriage 3 years back. Now this girl is torturing him to marry her. So my question is, if my friend wants to marry other girl, will this be legal? Moreover, does the girl who filed FIR, can do something legal in order to stop him from marrying other girl?



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 8 Replies

Laxmi Kant Joshi (Advocate )     29 December 2015

Legally his girlfriend cannot do anything but your friend have to clear each and everything to the girl whom he is going to marry otherwise she will ruin his life .

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 December 2015

Sir,

 

She has to prove her case, before your friend life will become a hell and before that he can do whatever he wants to do.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Abhimanyu   29 December 2015

Originally posted by : laxmi kant joshi
Legally his girlfriend cannot do anything but your friend have to clear each and everything to the girl whom he is going to marry otherwise she will ruin his life .

thank you sir..

He has infomed everything to the girl and to her family whom he is marrying.

What action he can take inorder to avoid any mishap that girl can create in his marriage?

Abhimanyu   30 December 2015

Originally posted by : Kapil Chandna
Sir,

 

She has to prove her case, before your friend life will become a hell and before that he can do whatever he wants to do.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Thank you sir..

the girl has taken full advantage of my friend and with the help some persons she is planning against my friend. She is torturing him even after filing FIR. What can be done in this regrad?

SAINATH DEVALLA (LEGAL CONSULTANT)     30 December 2015

UR entire query blames the girl,but is UR friend too not responsible for having physical relationship with her? I do not know whether it was love or just physical attraction,I presume Ur friend adopted the use and throw method.Now he has planned to get rid of that girl on the pretext of marrying another girl.We need both the hands to clap,one has to assess both sides of the coin to cometo a conclusion,particularly in these matters.I am not outrightly supporting the girl,but i feel she is right in her own way,when the boy is going to live happily with his newly wedded wife.

An aggreived woman is more dangerous than an AK47,in the present woman biased laws.

Abhimanyu   30 December 2015

@SAINATH DEVALLA:

SIr, My friend already told her about there seperation 2 years back, and she was also comfortable earlier before his marriage. But now when she come to knew about his marriage, she filed FIR. The girl want to defame him and his family so that his marriage get cancelled. Because of this his complete family is troubled. I know the Laws favours women but I know he is trapped in a well decorated plan. If you can suggest, what he can do to overcome this situation? 

SAINATH DEVALLA (LEGAL CONSULTANT)     30 December 2015

As per UR query and further reply it is deemed to be understood that U R the accused and not his friend,the way U have responded clearly illustrates it.If she has the requuisite evidences then the accused can't escape.If he wants to prove her allegations false then he has to do so with merits in the court.Nothing more to add.

Abhimanyu   30 December 2015

Originally posted by : SAINATH DEVALLA
As per UR query and further reply it is deemed to be understood that U R the accused and not his friend,the way U have responded clearly illustrates it.If she has the requuisite evidences then the accused can't escape.If he wants to prove her allegations false then he has to do so with merits in the court.Nothing more to add.

I am his brother and a friend too, after all this situation I had a discussion with him.The case is already in the court. This is the first time we are facing court so we all are in confused state. what to do if girl's allegtions are false?


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