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Can i file case on my X-boyfriend

Page no : 2

H. S. Thukral (Lawyer)     30 August 2008

I would like to intervene in the discussion as it now appears it is only a discussion and not an answer to the query that whether the lady in distress can take revenge for the wrong done to her for which, pordon me, from the stated facts, she is equally or rather solely responsible.  My Ld. friends kindly look at the facts. Beofre the lady even thought of marrying him, she was physical with him. The boy clearly told her that the physical relation was not good because they did not intend to marry. It was later after physical intimacy that she proposed to him and perhaps boy's mind reacted negatively in view of openness of the lady before marriage. In these circumstances I say :


Ms. Anitha : How you want to bring it under cheating.


By Guest Advocate: How it can be brought under rape when the boy clearly told her that the relationship was wrong asthey did not intend to marry, which was understood by the lady clearly and she agreed to that because she her self stated that initially she did not want to marry him. As to your advice of gfoing to media, it may get attendtion becasue the media is interested in catchy stories but can she skip her own role.  Whether the poppularity given to case would attract positive opinion of the people. How human right have been violated in consensual s*x is beyond my understanding.


Mr. Assumi: A sympathetic advice. But the pregnancy has been aborted or I misread it ?    


Manish: Agreeing to that it is not a case of cheating. Live-in relation too is not recognised so far in India


Anitha: Rage still continues and boys parents too become criminals. How charges can sustain in court of law? Repeat request enlighten me please.


Shree : I appreciate when he advises the girl to treat the boy a thing of past and looks forward to her long life. Legal advice in my view not sustainable.


Ravi : matured and understanding


Mohit : Has not gone through the facts. The boy never promised to marry.


Dr. Prithar : I agree with him despite my position that no case is made out. I my self practice the same when I feel helples.  I pray to God, explain my helplessness and seek divine help. Believe me I have got results


Rajan: I endorse and appreciate.


Srinivas : No legal opinion, backs up Rajan.


Donot matter: Attempting to stop the 'f**ker' from marrying someone else other than the one * Good luck .


Now friends why I have carefully gone through replies of learned friends is that instead of giving a correct advice we have created further confusion. Are not we rushing to reply without even giving a well considered thought to the facts of case becasue some one treating us well qualified has stirred our ego?


Accept Dr. Partihar advice and Rajan advice that Galti Sab se Hoti Hai or Shree advice to tell the boy that he is a history.nothing much has come out in the replies.  I donot see many films but the advice comes from one scene of a film in Jab We Met when the heroin calls on her boy friend and abuses him left and right and feels so light and happy thereafter. The extract of Dr. Parihar/Rajan/ Shree and me is Practice the same and let the boy had it.

amarendra (lawyer)     30 August 2008

two adults having relationship even if they r nt married is no crime under law so betr close the chaptr

Manish Singh (Advocate)     30 August 2008

Respected Sir,




 


As far as live -in realtions are concerned, yet it has bnot been given a legal status but still the SC ghas in its recent judgment interpreted that a girl in a live in relation would be entitled for maintenance. so things could have been otherwise since it would have been betrayal of promise to marry and having intimitate relations on that count.

Rajan Salvi (Lawyer)     30 August 2008

My intervention is limited to the question of live in relationships.


 


THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENC ACT,2005:


 


SEC 2 Definitions :- In this Act , unless the context otherwise requires,


 


[a] " aggrieved person " means any women who is , or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.


 




 


[f] " Domestic relationship" means a relationship between two persons who live or have , at any point of time , lived together in a shared household , when they are related by consanguity , marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.


I think " in the nature of marriage includes live in relationships.


The hitch is in the words " persons who live or hav at any point of time lived together in a shared household.


This as I would interpret it is that mere furtive s*xual acts committed here and there would not amount to a live in relationship. For that there has to be a shared household - for however short period of time.


I stand to correction.


 


 



amarendra (lawyer)     31 August 2008

in absence of claim by so called "agrived' person that they were in a live-in-relationship can we infer and jump to such conclusion i think it is nt permisible

manu (advocate)     31 August 2008

 


hello madam,

1. do not take any drastic steps.

2. it is a clear case of rape. but i think at this stage its not possible to prove the same as both of u did not foresee the consequences of the act done.

3. but u can easily prove the case of cheating. maintain all the medical bills and other records which u obtained when u got aborted ur child. if police refuses to register a complaint u can file privae complaint under section 200 of crpc. but when u file a private complaint u need to enclose a list of witnesses who are ready to adduce the evidence in the court that u were in love affair with that guy and they should also say that in their presence marriage proposal was moved and lots of discussion bout marriage had taken place, and both of u had agreed to marry each other and they should specifically say that he had promised to marry u in their presence.So this oral evidence is supported by documentary proofs like medical bills and other records fof abortion it will carry more weight.

4.if i m permitted to suggest as a lawyer- ( i do not know where intercourse took place??)  if it is in lodge u can enclose lodging bill in which it s clearly apparent that both of u have stayed together.... and gives strength to the presumption that he had s*xual intercourse with u.

5. u can also enclose snaps clicked with him if any to prove ur love.

6. u can also examine ex boy friend as a complainant witness to ellicit from his mouth that he was in love with u.

7. first of all u need to prove that he knew u, becas he definitely says he never knew who u r..... to prove this u can take ur friends support who r ready to help u as witnesses or else u can produce college record if both of u have studied in same college.

8. as suggested by rajan sir if domestic violence act s attracted that the best solution to ur problem. u only need to prove ur live in relationships. but i do not know the mode of operendi to prve the same. sir pls give some tips as to how to prove such relationships???  And ofcourse rajan sirs interpretation s hundred percent right. U FILE A CASE UNDER DOMESTIC VIOLENCE ACT, ITS WOMEN WELFARE LEGISLATION, UNDER THIS ACT IT IS EASY TO FIX UR EX BOY FRIEND. BECAS THIS ACT PROVIDES THAT IF AN AGGRIEVED PERSON ADDUCES IN THE WITNESS BOX THAT SHE IS THE VICTIM OF RAPE OR VIOLENCE THAT IS THE CONCLUSIVE PROOF AND NO OTHER PROOF IS REQUIRED. RAJAN SIR PLS CORRECT ME IF I M WRONG.  u can tell the court that u had live in relationship with him. on ur sole statement ur relationship will be established. THAT IS THE SPECIALITY OF DOMESTIC VIOLENCE ACT. u can take other witnesses help just as a supplemental evidence to prove ur case.

all the best, move ahead.

regards

manu

 

manu (advocate)     31 August 2008

 


hello madam,

1. do not take any drastic steps.

2. it is a clear case of rape. but i think at this stage its not possible to prove the same as both of u did not foresee the consequences of the act done.

3. but u can easily prove the case of cheating. maintain all the medical bills and other records which u obtained when u got aborted ur child. if police refuses to register a complaint u can file privae complaint under section 200 of crpc. but when u file a private complaint u need to enclose a list of witnesses who are ready to adduce the evidence in the court that u were in love affair with that guy and they should also say that in their presence marriage proposal was moved and lots of discussion bout marriage had taken place, and both of u had agreed to marry each other and they should specifically say that he had promised to marry u in their presence.So this oral evidence is supported by documentary proofs like medical bills and other records fof abortion it will carry more weight.

4.if i m permitted to suggest as a lawyer- ( i do not know where intercourse took place??)  if it is in lodge u can enclose lodging bill in which it s clearly apparent that both of u have stayed together.... and gives strength to the presumption that he had s*xual intercourse with u.

5. u can also enclose snaps clicked with him if any to prove ur love.

6. u can also examine ex boy friend as a complainant witness to ellicit from his mouth that he was in love with u.

7. first of all u need to prove that he knew u, becas he definitely says he never knew who u r..... to prove this u can take ur friends support who r ready to help u as witnesses or else u can produce college record if both of u have studied in same college.

8. as suggested by rajan sir if domestic violence act s attracted that the best solution to ur problem. u only need to prove ur live in relationships. but i do not know the mode of operendi to prve the same. sir pls give some tips as to how to prove such relationships???  And ofcourse rajan sirs interpretation s hundred percent right. U FILE A CASE UNDER DOMESTIC VIOLENCE ACT, ITS WOMEN WELFARE LEGISLATION, UNDER THIS ACT IT IS EASY TO FIX UR EX BOY FRIEND. BECAS THIS ACT PROVIDES THAT IF AN AGGRIEVED PERSON ADDUCES IN THE WITNESS BOX THAT SHE IS THE VICTIM OF RAPE OR VIOLENCE THAT IS THE CONCLUSIVE PROOF AND NO OTHER PROOF IS REQUIRED. RAJAN SIR PLS CORRECT ME IF I M WRONG.  u can tell the court that u had live in relationship with him. on ur sole statement ur relationship will be established. THAT IS THE SPECIALITY OF DOMESTIC VIOLENCE ACT. u can take other witnesses help just as a supplemental evidence to prove ur case.

all the best, move ahead.

regards

manu

 

deepak kumar (Advocate)     01 September 2008

it appears that both of you are major so if the boy is ready to marry then where is the question of seeking parents blessings/ permission just tell him to show some guts and go ahead with marriage everything will fall in place after the marriage.

Rajan Salvi (Lawyer)     03 September 2008

Supreme court in one of its Judgment states- Rape is the easiest allegation to make and the hardest to prove. Now that the Supreme court has stated that " the statement of the Prosecutrix is enough"


Live in relationship can be proved Orally by


1. testimony of both parties, neighbours, friends of the couple, relatives if they are aware, Docters from whom any particular treeatment is taken


By documents such as


1. letters on address where both lived


2. ration card


3 medical bills /treatment


4 photographs


5 agreement with landlord/society


the list is endles

manu (advocate)     03 September 2008

rajan sir,




 


even  to prove the offence under domestic violence act, mere testimony of the complainant is enough. m i right sir????

Rajan Salvi (Lawyer)     03 September 2008

Mere testimony of wife is not enough. The procedure here in Maharashtra is that once the women goes to police station with such a complaint, the police station officer tells her about appointment of Protection Officers [ Tahsildar] , a domestic violence report is propared and submitted to magistrate. She can even move the Magistrate. Once the Magistrate is moved and the application filed, most probably some important interim orders are sought which the magistrate rarely allows and like usual procedure he passes Order " Other side to say" Notices are issued. Husband appears thro Advocate, files his say. Then interim order is passed, Then evidence lead from both sides [ like in cases u/s 125 of Crpc.] and judgment is given . The interim order/judgment binding on ;lthe husband and only if the orders are viiolated , then ONLY HER SWORN AFFIDAVIT IS SUFFIECENT TO SENTENCE THE HUSBAND TO 20000/- FINE OR SIX MONTHS IMPRISONMENT.

Anil Agrawal (Retired)     13 February 2009

 You will become too old before your case is decided. He will hire a high priced lawyer and you will end up borrowing money to pay for legal fees. Yes, we have to suffer the consequences of our ill conceived actions and the law will take its own course (a phrase coined by late Narasimha Rao). Either you suffer silently or patch up. Life moves on.


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