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Mohd Dara   13 March 2019

crpc me kis dhara ke teht

शादी का झांसा देकर शारिरिक सम्बन्ध बनाये और उससे पैदा हुई बच्ची को भरण पोषण किस प्रावधान के तहत मिल सकता है


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 1 Replies

Mayur Shrestha   18 February 2022

(1)  As it seems to be a clear case of fraud under the pretext of marriage thus you can file a police complaint with the local SDO or the women’s cell under the allegations of the false promise of marriage an FIR could be filed against his name. subsequently, the police would register the FIR U/S 406 and 417 of the Indian Penal Code.

(2)  Further a case can be filed under sections 376, 398A, and 420 for cheating. Because in the case of Deepak Gulati v. State of Haryana 2013, 7 SCC 675; The Supreme Court had stated that s*xual intercourse under the false promise of marriage can be termed as rape.

(3)   Under Section 125 of Crpc, the illegitimate father is liable to maintain his illegitimate minor child, it would be the liability of the husband to provide maintenance. Therefore, considering the facts of the case both boy and girl child have the right to claim compensation until they attain the age of majority, and exception lies with the girl child where she will be eligible to claim compensation until she is unmarried or incapable of sustaining her livelihood it is given under section 20(3) of Hindu Adoptions and Maintenance Act, 1956.

(4)  Also under section 125, the maintenance is provided considering factual circumstances such as –

a.    The asset, income, and property owned by the father or the person against whom such claim for maintenance has been made.

b.    And the situation/needs of the person claiming them.


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