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Nitin (marketting manager)     07 January 2015

An affair gone bad can be termed as rape?

Hello,

  I am having an affair with a female from past 12 years and now i moved on from hat place to a different place

when we started this affair she was married female,but i was not married, and now i am married and moved to different place,she keeps calling me back and recently started threatening me that she will  file Rape on me,can she do that?

can i do anything to save me?

Thanks,

Nitin.



Learning

 11 Replies

Jayashree Hariharan (Advocate)     07 January 2015

ok. let's accept that what you and she did was mutually not morally right. she cannot take allege that offence, since it is mutual. please see the latest observation of Hon;ble Supreme Court regarding this or alternatively see the last week's newspaper (any).

K.K.Ganguly (Advocate)     07 January 2015

1. Does she has any evidence, either audio/video or text, provinng your having physical relationship with her for the last so many years?

 

2. If not, then it will not be possible on her part to prove her allagation,

 

3. make sure you do not admit your such act over phone to enable her to record your admission.

Nitin (marketting manager)     07 January 2015

I am not sure,but she says her hid is mine and not her husbands.

K.K.Ganguly (Advocate)     07 January 2015

1. What are her complaints/demands now?

 

2. Factually she can have no demand from you now,

 

3. She can hardly do any thing legally,

 

4. Relax.

Nitin (marketting manager)     07 January 2015

She is telling me that she will file Rape complaint on me and she has proof that

"kid is your kid and I can prove that" that is what she is telling me.

Thanks,

Nitin.

K.K.Ganguly (Advocate)     09 January 2015

1. It will not be considered as rape for her delay in complaining,

 

2. It will be considered as consensual s*x,

 

3. Relax.

Nitin (marketting manager)     09 January 2015

Thanks Ganguly/Jayashree for your comments,

 if she goes to court can the court grant divorce to her and her husband based on the reason that she has illegal affair and has a kid out of marriage? why this question is she is more worried to keep the marriage going because of the property that she will get from her husband,

   so can the court say that you will be given divorce because you cheated on your husband?

Rgds,

Nitin

K.K.Ganguly (Advocate)     09 January 2015

1. Why are you bothered about her divorce?

 

2. Nothing will happen to you legally. Is it not enough for you?

Nitin (marketting manager)     09 January 2015

Hello Ganguly sir,

   She has the fear that her husband will give divorce if she tells she is having affair and kid is not her husband's kids, 

so that fear is the one keeping her silent for now,but not sure how long she will,the day she over comes that fear she is going to come out and shout out.

so even if that were to happen ,if she over comes her fear will the court grants her divorce?

why am i worried is because,this way I know how much time I have to settle my things [Wife,kid,personnel property,safety for the family etc etc..] if i get into legal issues,i am doing this calculations based on her mentality.

 what i feel is she can hold on to this fear until her kid turns elder may be other 4 to 5 years,mean while i will secure my family,so even if i were to face legal issues my family is safe without me.

Rgds,

Nitin.

Adv k . mahesh (advocate)     10 January 2015

if she r her husband goes to court either party will suffer along with kid and not only their family even your family will be suffered if you are being dragged to court

so be patient and if she threatens you for the same explain her to discontinue the same and be happy without contacting you further which will make more suspicous for her husband 

as already you left your previous location dont make any direct contact now with her and if any evidences that comes to your mind is with her take that back if possible 

T. Kalaiselvan, Advocate (Advocate)     11 January 2015

Well if she is threatening to file criminal case against you, ask her to proceed, she has got to prove her case, in case she insists that the kid was born out of the illegal relationship with you, it will not be considered as rape but will be treated as consensual s*x hence not maintainable.


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