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Rani Pidit (nill)     19 October 2012

Is consesual s*x on promise of marriage is punishable offenc

I  and my boyfriend was having s*x since three years for  my boyfriend promised me to arrange marriage as per the social ritual and custom of our caste.

He enticed me to and we did marriage in Arya Samaj Mandir in presence of his foure friends three months back.

But now he has refused that he will not arrange marriage as per our promise/custom. He has sought another girl also and they are going to do engagement cermony at the earliest.

How can I file a suit. Can he be punished as per existing rules.

Thanks

Rani



Learning

 18 Replies

Advocate Rohit (Advocate)     19 October 2012

since you and your boyfriend had got married you are his legally wedded wife. if you have any proof of marriage and/or have any witnesses of the marriage then you may bring it to the notice of your parents as well asto the family of your boyfriend and ask them not to remarry your husband withsome other girl.

failing which you may approach local police station and file a complaint against your husband and his family members.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 October 2012

Dear Querist,

 

You are already married to that guy, I hope you have the certificate/photographs/video of the marriage, if not, seek the same from the arya samaj mandir. If you can arrange that - we can get a stay on your husband from marrying again. You have all the rights and obligations of a wife. If he marries again he'll liable for bigamy. In event of you not being able to prove marriage with him, then don't even talk about that - and file a rape case, only and only if the guy had with dishonest intention induced you to established s*xual relations when he never wanted to marry.

 

Bharat Chugh

Advocate Supreme Court of India

1 Like

Rani Pidit (nill)     19 October 2012

We got married on 4.7.12 in Arya Samaj Mandir having all the proofs. Now the boy is not agreeing to keep me as his wife. He is saying that as per latest rules in Madhya Pradesh all the marriages must be registerred with in a month otherwise that marriage is not valid.

May I file a rape case therfore. He was selected as a  trainee revenue inspector and there he got another girl whome he proposed and his family has also allowed. But I contacted that girl and her father and they assured that they are not going to enter into any relation with a alredy married boy

May I file a rape case now as he is not willing to keep me as his wife ? Will he loose his job/training ?

stanley (Freedom)     19 October 2012

Yes he will lose his job ;)

Rani Pidit (nill)     19 October 2012

Thank you.

Will it be a valid rape case ? He promised to arrange marriage as per our caste/culture in presence of our family. He carried me to Arya Samaj Mandir, Called his friend,Oath commissioner,Pandit and he lured me to do temporay marrige thatway assuring that he will inform his family and his family will propose to my family and lateron there will be marriage as per our caste. Later on he refused to do so and keep me too.

Although I have informed everything to both the families. but the boy is not agreeing to do marriage as per our caste's culture and he is not ready to keep me with too.

May I file a rape case ?

stanley (Freedom)     19 October 2012

yeah its valid rape case where in the court of law your lawyer has to prove it and than your hubby would also be sent to jail if convicted .so job loss would be there and also jail term would be there for him . By the way may i ask you a question what would you do with a hubby who does not earn and look after you and has no love for you . And for you to marry again you have to file for divroce and than only you can marry again . also be prepared to work and sustain yourself while he is in jail .:)

Tajobsindia (Senior Partner )     19 October 2012

Que.: Do you have True copy or Original Marriage Certificate issued by a Arya Samaj Mandir having both yours and his passport size photograph at the top plus two witness signature at the bottom along with Pandit's signature  in said Marriage Certificate of Arya Samaj Mandir?

If yes then I may next share some legal Igyan.

If not then matter ends here.

[You may if you like give very specific answer to above question put to you.] 

1 Like

Rani Pidit (nill)     19 October 2012

Thank you

Yes I have original certificates

Tajobsindia (Senior Partner )     19 October 2012

Then follow below two;

1.
Hire an advocate via reference and or search as per your Jurisdiction lawyers database at LCI and hire one from here.
2. Follow Bharat's advise, I affirm to him on cause title.
 
Reasoning:
Arya Samaj Mandir's issued Marriage Certificate is a valid legal tenable material fact and no doubt Marriage Registration have been made compulsory by Central Legislation followed by State Amendments in Registration of Births, Marriage and Deaths accordingly but same time for late Registration of Marriage is also provided as feture under MP State and many other State's Amendments and same is set to be as small penalty (nominal late fees is imposed and no criminal action though are taken). So on these counts donot worry of his lollipop if Arya Samaj Mandir Marriage Certificate and or your said legal marriage was Registered as per State Amendments or not as the said Certificate is still a valid legal dcoument of your valid marriage with him.

Off the records what is once motive; bze. small town morality read with local ethics socially says one need not offer once cherry for 3 long years in return of shaddi ke laddu as once you turn wheel of law your divorce is inevitable outcome with say stay granted of him not marrying second time in a already subsisting marriage till main case decision and unless and untill his second marriage is proved he cannot be prosecuted under Bigamy Laws though a bigamy case can be "filed"! (no need to answer this just introspect and then act accordingly in consultation with once appointed Advocate).

stanley (Freedom)     19 October 2012

Originally posted by : Tajobsindia

Then follow below two;

1. Hire an advocate via reference and or search as per your Jurisdiction lawyers database at LCI and hire one from here.
2. Follow Bharat's advise, I affirm to him on cause title. 

Arya Samaj Mandir's issued Marriage Certificate is a valid legal tenable material fact and no doubt Marriage Registration have been made compulsory by Central Legislation followed by State Amendments in Registration of Births, Marriage and Deaths accordingly but same time for late Registration of Marriage is also provided as feture under MP State and many other State's Amendments and same is set to be as small penalty (nominal late fees is imposed and no criminal action though are taken). So on these counts donot worry of his lollipop if Arya Samaj Mandir Marriage Certificate and or your said legal marriage was Registered as per State Amendments or not as the said Certificate is still a valid legal dcoument of your valid marriage with him.

Off the records what is your motive; as once you turn wheel of law your divorce is inevitable outcome with stay of him marrying second time in a already subsisting marriage and unless and untill his second marriage is proved he cannot be prosecuted under Bigamy Laws ! (no need to answer this just introspect and then act accordingly in consultation with once appointed Advocate).

I Disagree with all the above replies and my advise would be  dont file rape case enjoy the fruits of thy act which art thou only for thy women in india and as per the act it cometh within 60 days of summons :-) I am suprised SC r/w HC should have advised this 

I would rather say thy benefit cometh via the DV act which Tajobs intentionally ommitted rather than asking thy Motive and thy husbands penalty would be in the graces you receive as below 

1. Alimoney .

2. Right to Residence .

3 . compensation . .................etc 

Rani Pidit (nill)     23 October 2012

HE WAS DOING SEX WITH ME SINCE LAST 3 YEARS BEFORE MARRIAGE AND ALSO AFTER MARRIAGE. AS HE IS NOT HONOURING THE MARRIAGE AND HE WANT ME NO MORE AS HIS WIFE. CAN I FILE A RAPE CASE ALSO ??

Tajobsindia (Senior Partner )     23 October 2012

If you say you have Arya Samaj Marriage Certificate then file Divorce as woman is not a commodity that she can be indulged only in s*x 3 years before marriage and post period too.

Marital s*x is not a crime in India BTW so marital s*x is not equal to rape.

Frankly now I will admit I dinot understand you main grudge is it s*x only or conjugal rights of spouses from each other apart from s*x like he is not performing duties what married couples bring into a marriage ? If you can be specific on this then better for repliers is my view.  

 

stanley (Freedom)     23 October 2012

" you can take a horse to the water but you cant make it drink "

" if only horses were wishes than beggars would ride "

You cant file rape case as you are his legally married wife 

Rani Pidit (nill)     25 October 2012

Thank you

I want conjugal rights. I want to remain as his wife. If he does not agree I want :

1. He must be punished under some rape case. i.e consesual s*x for He is not honouring our marriage.

2. He must be punished under dowery case

3. He must give me alimony for whole life and

4. He must not be allowed to remarry any one


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