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Raj (Consultant)     25 December 2010

Girlfriend with sister's boyfriend...is that a crime?

Sirs,

I have a situation and would seek your experienced opinion on that:

A girl ( name YG) of 16 fell in the emotional trap of her elder sister's (name ES) 25 year old boyfriend in 2003. The man (name M) convinced her that he does not love her sister but loves her and will marry her and on that pretext gets physical with her. The man continued his relationship with the elder sister and kept telling the younger sister that he would eventually broke off with ES and would marry YG. It countinued for 3 years till YG realized that the man is only deceiving her and will never marry her. She did not immediately protest against the man since she was afraid of her life, he used to threaten her sometimes. In 2008 she finally managed to come out of that trap as she had to travel to a different city for her job. The relationship between M and YG ended then but the relationship between M and ES continued.

In 2009 YG got married to someone and ES got married to that man M the same year. YG told about her dark past to her would be husband before marriage. In 2010 ES has got to know about this relationship.

Few questions i have are:

1) Has YG broken any law? Has she committed any crime?

2) Sex with a 16 year old even with her consent, could that amount to rape charges against the man?

3) Sex on the pretext of marriage could amount to rape charges in this situation?

4) Could ES, the elder sister file a case against YG, the younger sister on any ground?

5) Is there any count of domestic violence involved in this case?

Kindly, provide your valuable inputs. Needed urgently.

Thanx

 



Learning

 6 Replies

Avnish Kaur (Consultant)     25 December 2010

forget about past, looking at facts of this case she or anybody will not get anything out of it except defamation.

N.K.Assumi (Advocate)     25 December 2010

Agreed with the above. Dont look back just look forward for bright future and save everyone from this unfortunate episode.

Mohit Attri (lawyer)     25 December 2010

yg not broken any law

s*x on pretext of marriage is rape

es can not file any case on yg

m is liable under section 376

plz contact with ur local juridictional advocate

ashish lal (Advocacy)     25 December 2010

practically and realistically no person has committed any offence.............Boy M had s*x with 16 years old YG back in 2003 and now YG is about to get married..............Who is make a complaint against the Boy?......ES was in relationship with M but gets married to another person..............Do you think ES is insane enough to disclose the secret to world and for what as YG has committed no offence..................... Domestic violence does not cover such situation............

adv. rajeev ( rajoo ) (practicing advocate)     25 December 2010

After long gap case cannot be filed and no one believe it if YG says this and filed a complaint. To avoid the problems it is better to keep quiet inspite of thinking of the past.

Sanket Sharma (AM)     05 January 2011

Look at the future, forget the past, shape your dreamed life, Life is wonderfull, enjoy it maximum


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