Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ram (W)     14 April 2012

Girl cheated me - please advise

Hi - A friend of mine was requested by a girl to love her. She continued torturing him by threatening she would commit suicide...after a sometime she requested him to stay with her for five days, if he likes her he can marry her else he can leave....

 

Guy stayed with her for 4/5 days.. and then they departed. Now the girl after 3/4 months comes back and says she was pregnant because of him and she got aborted it.She claims she has DNA proof , that proves that guy is the reason for her aborted kid.

 

She has claimed the guy either to marry her or she would file a complaint against him.

 

We are not sure what should be done legally now.

 

We know we can’t prove that she tortured him legally. Need some advice on the issue.

 

Though it sounds we lie here, that’s the truth. Not all girls are good.



Learning

 21 Replies

Ranee....... (NA)     14 April 2012

She is blackmailing the guy.Dont worry.Why she aborted the kid without its father;s permission and knowledge.

Tell friend to say her that he would take legal action against her for aborting his child.See what happens.

SAINATH DEVALLA (LEGAL CONSULTANT)     14 April 2012

Dear Ram,

Initially you play with each other's lives,and later repent  for the unforseen consequences.Yet you people don't learn a lesson.You have dragged the issue upto DNA.You have not come out with the real facts.You are hiding something that actually took place.As a last resort you approach for legal remedy.What are you going to do if the DNA test is proved positive.Odds are in favour of the girl.

Naim (Clerk)     14 April 2012

The girl has the right to get aborted, no permission nor any consent is required If she is a major as such under MTP Act 1971.

Regarding DNA Proof, let her say any thing, she cant proove anything out of that, nether you can be force to give ur sample to match the DNA.

Regards

Naim

STUDENT.... (.......)     14 April 2012

First, gothrough this article https://articles.timesofindia.indiatimes.com/2010-03-23/india/28142517_1_apex-court-madrash-high-court-offence

 

Now as per the girl when she says that she has a DNA Report, her evidence will not prove anything at all what ever need to be proved it can only be done after she files a complaint with police and then they will get the DNA test done from a Goverment Hospital whose report can claim the same. What ever happend is not happend only bcoz of you she has invited the same.

 

If the guy can prove this that this girl has asked her to stay with her for 4-5 days then in that case she cannot do anything according to my understanding.

Naim (Clerk)     14 April 2012

@ Kunal Chib

From where the police will get the sample for DNA testing ? 

In this case the girl has already Aborted, and her first report of DNA has no value in the court of law as it is a private test without matching a biological father DNA.

So overall No threat to the concerned friend of Author.

Regards

Naim

SAINATH DEVALLA (LEGAL CONSULTANT)     14 April 2012

Dear Ram,

My earlier answer was an elderly person worried about the future of this modern youth.Now comming back to your case, I have these points to be elaborated by you.

1.Once she knew she was pregnant,has she approached your friend regarding the same.

2.A girl to get aborted has to get the approval of her father,mother or gaurdian or husband if married.

3.The doctor who had conducted the abortion can be prosecuted ,as an illegal abortion.

    Hence as a lawyer,if what you have mentioned is true,the girl is taking your friend for a ride.Forget about

     DNA,at this juncture it is impossible to prove by anybody.Hence ask your friend to relax himself and not to adventure for such things in future.

Ram (W)     14 April 2012

Thanks for all your suggestions.

Dear SAINATH,

I appreciate your concern over society.

One of the main reason he could not even think of marrying her is because she has cheated my friend a lot.She was in love with another guy for four years,she found my friend after one month of their break up.

She just wanted to marry my friend in the name love, some how he did not get attracted to her,after few suicidal threat from her then he started to speak.

He came to know about her past love only after that 4-5 days incident happened.We know we could not prove that in the court.

Point is we are so depresed after knowing the fact that the  girl also did not love my friend truly, she wanted to get married soon as her former lover got married.

For that she has chosen some wrong path.

All these happend in US but both are Indian citizens.So during abortion I am assuming nobody is necessary.

Thanks

Ranee....... (NA)     14 April 2012

Originally posted by :Naim
"
The girl has the right to get aborted, no permission nor any consent is required If she is a major as such under MTP Act 1971.


Regards

Naim
"

under which section?



(Guest)
Had your friend intercourse with her. Ask true before LCI members.

Naim (Clerk)     16 April 2012

@ Ranee

Go thru The Medical Termination of Pregnancy Act 1971, (ammended 1975 and 2002)

Regards

Naim

dattatray s daine (ca)     16 April 2012

hi,

i also come across case like this, but in court of law is so hard on male counterparts.  It belives that no female could tarnish her image in the society by filing case. Hence accused was falsly implicated in 376  & 417 on the basis that he kept relation ship with him on promise to marry. No Mercy to male shown by law as well society. while the agents of law & order taking this as opportunity to harrass the accuse & earns money from him. Even Trial court relive from the 376 section 417 still there. & order to pay victim 50,000/- But still they did,t stop there, they appealed in High Court.

Need Guidence

dattatray s daine (ca)     16 April 2012

But still they did,t stop there, they appealed in High Court against the order of Lower Court

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 April 2012

Dear Ram

If a girl appears before you and asks you to marry her and says that otherwise she would commit suicide, will you take such an important decision in your life, just to make her desist from committing suicide? I am sure you would not do that if you are a serious level headed person. The offer of the girl to stay with you for a few days with no commitment on your part, like a mail order,  would have been tantalizing. Now don't worry. She can't do anything. But cherish the memory of those days you spent with her. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 April 2012

Mr. Naim

Please quote the number of the section. I searched, but couldn't locate.


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