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Jaychand (lead)     15 August 2013

Punishment for getting out of a live in relations ship

Hi,

I am leaving in a live-in relationship with a girl since last 6 months, I think I used to love her but not any more (for so many reasons, I won't bore you with that). So now I just want to end the relationship. Girl has informed her parents about it and they are threating to file rape, s*xual harrasment kind of cases against me.  My quesitons are

1) Do they really have a case? what is the worse section tehy can file? 376? 493?

2) What is the maximum punishement I have to bear? I hate her so much that I am ok with spending a year in jail.

One specific question about 376: If they file 376, will Police put me into jail very next day without any trial? I can do the some fair amout of jail once court decides my charges but I certainly don't want to go jail before conviction... please advise.

Any other adive about what a guy should do in such situation.

Thanks in advance!



Learning

 31 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 August 2013

She can file a complaint gainst you.  if it is 376 you will be arrested immediately.  So my advise is better settle the matter amicably.

Sudhir Kumar, Advocate (Advocate)     15 August 2013

agreed with Mr Rajoo.  You are vulnerable.

adv.raghavan (Advocate,9444674980)     15 August 2013

u may be charged with sections 417,420,493 i donot think they will file case under 376, because both of u had agreed to have s*x  and were living to gether.if u have  proof  for that , nevertheless all sections are equally vulnerable as 376, 

NGOKC (pm)     15 August 2013

she can file a rape case s*x on pretext of marriage 7 years

dv act yes it is allowed as live in is acknowledged per law for domestic violence

Rashid Ali (own practice as a criminal lawyer)     15 August 2013

Before your live in partener file a case of 376 ipc on you, you must collect evidences to show live in relationship and also file a case of 389.386,387 ipc. feel free to call me on 9411649201

Jaychand (lead)     15 August 2013

Thank you all for prompt replies!

So I have ample proof that we were living together with mutual consent. I have 4-5 friends who can testify to that. I have our tenant identification form submitted at loca pilocie station showing that we were renting a flat together. Is it sufficient?

So I guess I don't need to worry about 376. Now regarding other sections like 417, 420, 493: what is the maximum time I can be senteced? What should I do (what kind of evidences, witnesses) so that I get minimum possilbe sentence.

And Rashid: 386, 387, 389 doesn't apply as she wants to marry me, only if I don't marry her then they will go to court. Marriage proposal and going to court , none of this is a threat. is it?

Bottom line is that I know I have done wrong with her, and I want to know what is the minimum sentence I can get assumming I hire a very good lawyer and have sufficient evidence of what I said in my 1st post.

Thanks a lot again guys!

Jaychand (lead)     15 August 2013

one more thing, I never made promise to marry her. I know she would file case sayinh "false pretext of mariage" but that never happenned and I don't she can provide any kind of evidence or witness in this regard. Doesn't this weekens her case? Would court just blindly belive what she says? wouldn't court need some evidence of what she is saying?

adv.raghavan (Advocate,9444674980)     15 August 2013

let her file a case, then we will take a call on this, we cannot answer hypothetical questions.

Sudhir Kumar, Advocate (Advocate)     15 August 2013

you are confident enough

Jaychand (lead)     15 August 2013

To make my point clear: I want to know  what is the best and worst sentence I may face if she files the case. if Best case scenario is that I have to do atlest 2 years in jail then I would prefer to marry her. If best case is that I can get a claen chit then I will let her file the case.

Mr Raghvan: I used to think that lawyers consider all hyppthetical questions/situations which can possibly arise during trial. Obviously I can't wait for her to file the case as then half the battel is already lost.

Sudhir Kumar, Advocate (Advocate)     15 August 2013

better read these sections

 

Sudhir Kumar, Advocate (Advocate)     15 August 2013

Section 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have s*xual intercourse with him in that belief, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

1 Like

Sudhir Kumar, Advocate (Advocate)     15 August 2013

Section 415. Cheating

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation

A dishonest concealment of facts is deception within the meaning of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit make on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believer that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver and thereby dishonestly induces Z to advance money upon the faith of such deliver. A cheats; but if A, at the of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and coveys an estate to B.A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats.

Sudhir Kumar, Advocate (Advocate)     15 August 2013

Section 417. Punishment for cheating

Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.


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