Upgrad LLM

husband left wife after marriage when she is pregnent


hi,

One of my friend told me the case of a girl who got married as per some religious law. Where law allows the couple to verify the compatibility within two of them. They have to stay together atleast for six months and if they both dont find each other compatible they can leave each other or dissolve the marriage.

Now the girl is married with the guy and she got pregnent also and men left her saying he does not find her compatiable with him.

Can girl file a case of rape?

 
Reply   
 
Lawyer at Supreme Court of India

Sir,

 

If there would have been such a law, then everybody would have got married the same way and got themseleves seprated after a period of six months. No way it is not possible ... Rape I am not sure because the ingrediants of rape are different and girl cannot take the defence that ignoracne of law is an excuse if she claims that she has been cheated to get into this kind of marriage.

 

Better call and discuss the clear picture as to how things happened and what made her accept that there is such kind of marriage being possible .

 

Warm Regards

Kapil Chandna Advocate

9899011450


Total likes : 1 times

 
Reply   
 



Go for divorce and maintenance case.
 
Reply   
 
advocate

from which country the girl is from and which law is the couple talking about in india as per my knowledge such law does not exist because if this is there then every couple will not go to court but every six months a new marriage will take place
 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

As per Indian Law, Marriage can't enforce any couple to lead conjugal life/cohabite against their will.

 

As per Indian Law, men are free to have live-in relationship with a girl if the girl is unmarried, divorced or widowed, however I don't advise about divorced girls as they might have 498A and other dispute backgrounds.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

@ Mr. TGK REDDI,

 

Understood your point. We need to file PIL under 32 of Indian Constitution in Supreme Court for this. We need to show HMA violates personal liberty as per Article 21 of Indian Constitution, hence such concepts are unconstitutional.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x