xyz1234567 (Engineer) 15 July 2012
I have registered a complaint against a man who is an awaiting divorcee as he now deny's to marry me , FIR was registered against him with 417, 420 and 506 IPC............ But my issue is now some lawyers say that this case would be discharged , they say since he is an awaiting divorcee section 417 also would not apply. But as he had mentioned his wife is an mental patient and his divorce is in final stage did i accept his request in matrimonial site.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 July 2012
My Dear Damsel in Distress,
Even inspite of all opinion to the contrary(The police/lawyers or even the judge may be unsupportive of this), I still feel that your consent to s*xual intercourse was obtained keeping you under a misconception of fact. The misconception is that he 'would' marry you (obviously after he finalises his divorce in due course) you never sought marriage before his divorce from the earlier marriage. But he knew it for a fact that he would never marry you, and for him you were just a play thing. The fact that he could not marry you at that point is inconsequential. This is out and out s*xual intercourse under a false promise of marriage. This is the just and logical reading of the law.
And thanks for
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 July 2012
My Dear Damsel in Distress,
Even inspite of all opinion to the contrary(The police/lawyers or even the judge may be unsupportive of this), I still feel that your consent to s*xual intercourse was obtained keeping you under a misconception of fact. The misconception is that he 'would' marry you (obviously after he finalises his divorce in due course) you never sought marriage before his divorce from the earlier marriage. But he knew it for a fact that he would never marry you, and for him you were just a play thing. The fact that he could not marry you at that point is inconsequential. This is out and out s*xual intercourse under a false promise of marriage. This is the just and logical reading of the law.
And thanks
xyz1234567 (Engineer) 16 July 2012
Thank you so much bharath, I know even before registering this complaint you had given me assurance that this case would surely stand and though initially police refused to take this case and few lawyers suggested this case doesnt stand , it was onlt becoz of your valuable suggestions and timely guidance and my perservarance was i able to get him arrested for few days , Thanks for all your support and timely suggestions but in bangalore few lawyers are so adamant in understanding about this "misconception of facts" which makes me worried .
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