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abhi (-)     10 July 2013

In a mess due to text message

Sir 

    i met this lady in a friends house during her routine visit to that house.Later on she took my number from him and started callling me on and off in 2008.Soon we became friends and we started talking to each other .She used to tell me hoprrible stories about her husband and his family. i use to console her and provide mental support.She met me two three times and gave me some gifts.we were in talking terms till 2012 and i realised that i entered into the mess.I asked her to stop calling and concentrate on her family and go ahead with the life as talking to me was not helping her.She kept calling me from everywhere even when she used to be with her husband at odd hours.

             Recently i made a mistake of making her calls to return her items and when there was no reply then i have sent her messages.Now her husband has given a FIR against me.I am servin g in defence services and her husband is also serving defence person.

I tried begging sorry for sending these messages but her husband claims that he does not want to settle the case out of court.Could you please suggest me any way out.         

                                                    



Learning

 11 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     10 July 2013

my dear friend even knowing the danger you went ahead with this non sense...now, first of all tell this whole matter to your family and try to retrive all call records alongwith any other communications like email , sms etc that you had with this lady, to move ahead

N.K.Assumi (Advocate)     10 July 2013

Your first mistake is taking up the yoke of a family counsellors, followed by exchange of gift etc, was it on valentine's day? Better consult a good lawyer for yourself. Imagine, if it was your wife who acted in that manner with other man, what would you do? Catch a lawyer.

abhi (-)     10 July 2013

i have told this whole matter to my family in 2012 also and now after sending messages i disclosed it to my family members .My all family members have spoken to the husband of this lady but he is not ready to drop the case and wants to go ahead? I dont know what to do ..Plz help  

N.K.Assumi (Advocate)     10 July 2013

Get a good Lawyer for help.

abhi (-)     10 July 2013

Clone Panvel and  N.K.Assumi sir thanks for your response .Could u please suggest me that if the charges are not dropped what can be the maximum against me .can i get arrested or if it goes to the court can i claim that this lady was talking to me so its fault of both of us not me alone. I am having all the call details.


(Guest)

can the woman take your side?If yes,there is very good chance to win a case.

 

Reason being,from your version of query,it seems to me,till now you haven't got yourself engaged in physical relation.If this is true,you can't be trapped under section 497 of IPC.

 

There may be friendship between  you and that women ofcourse only when she is ready to accept this friend relationship.Non-acceptance of this friends relation may backfire for the husband of the woman and this can be referred as cruelty.

 

Above is only applicable if you go with clean hands(No physical relation ever existed).Otherwise,little chance.....

1 Like

(Guest)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 July 2013

 What are the contents of the FIR?

 In all likelyhood, there would be no direct FIR for adultery/ enticing married woman.

 Collect the copy of the FIR and contact a good lawyer.

 See, if there is a requirement of bail, then secure it first and then fight the case on merits.

 

Your being in defence service has nothing to do with the case unless the other man is also from defence services. Unless you are arrested, nothing untoward would happen to your service.

1 Like

Adv k . mahesh (advocate)     11 July 2013

what was the content is the main question thus have you gone to the extent of using any ugly words 

if you had used as friend and the messages are only to take her gifts then those messages thus have no effect in the fir and if there is more then that then first meet the lady and convince her to destroy the messages if she helps then no problem and then collect the fir copy and meet a lawyer 

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     11 July 2013

Ask her husband what he want and now what is the reaction with his own wife, you find out this and then find the way..... is there any child between them., if u are in defence. so act how to defence yourself....indian law have 2 languages it is depends upon you what u understood.....?

mahendra limaye (Cyber Legal Consultant)     17 July 2013

If content of youe message are obsecne or offending then only you have to worry about.If they are just for returning certain items as mentioned by you don't worry.any good CYBER LEGAL CONSULTANT will be able to defend you and acquittal is certain.


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