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JASWANT VIJAY AGNIHOTRI (AIR ARMY)     11 June 2013

How live-in relation will be proved

A widow and mother of 3 children (all are between 5-12) has been caught by police under charge of Prostitutuion with a man who is legally separate from his wife and under divorce proceeding from 1 year. this relation was last 3-4 months and both were staying mutually together. woman is good and it was actioned by police by a revenge complain of her relative.  They were staying in a rented house/room and police is not accepting the lanlords words of being their good relation between each-other.  how can be saved them and avoid further arrest and torture by police. police is saying to prove live-in relation if it is there.



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 4 Replies

stanley (Freedom)     11 June 2013

It seems to me like the police are trying to abstract money from them .

The police have no power once the matter goes to court . And if they have arrested anybody within 24 hrs they have to be taken to the court . Bail has to be applied for the arrested person and in most of the cases as they are set free .Let the police lead by way of evidence and prove what is written in the FIR  Here the role of the police ceases . Once the case goes to court hire a seasoned lawyer and than Call the landlord as a witness to testify . As the man is legally seperated he is at liberty to stay where ever he pleases and there is no binding upon him .

 

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

A MOU or an agreement between the man and the woman in respect of the live-in relationship can be filed in evidence. Also take the testimony of the landlord.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     11 June 2013

Police is saying to register a case under IPC 497 against man and to call his wife at the place of they staying. case has not been registered yet. but they are saying that they will register after wife come.they taken both in police station from 1100pm to 0600am of next day and the man is in electricity board and police saying them to take action against him.under which IPC the case will be registered if happens so.

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

S.497 IPC adultery is an offence committed by a man against a husband in respect of his wife by keeping illicit relationship with her without his consent or connivance. Here the woman is a widow. Where is the question of the 'consent' or 'connivance' of her husband arise? Let the police register the offence...


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