Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Selvaraj (Engineer)     25 August 2012

Illegal relationship

Kindly help me out in the following case.

My brother (X) is 29 years old and his distant cousin (Y) of sister relationship is 33 years old. (Y) is married to a man and she is having a boy around 4 years of age. But (Y) had now applied for her divorce due to her husband’s poor income and behavior and she is now in a deep relationship with my brother (X). When we (including his parents) came to know about this relation, we had severely opposed and we (including his parents) gave him time to change himself. But he had utilized the time to get even closer to her and she is also now obstructing him to talk to us. My brother (X) is not coming to our home and not talking to us. She (Y) has taken full control of him (X) by some means and he is totally in her control. To call someone he needs to get permission from her. They (X and Y) are now staying together in some place. He (X) is fully under her (Y) influence and he (X) seemed to be in a mental upset or mental disorder. He (X) has feelings and thoughts about her (Y) only and not about anyone other than her (Y). We have told him so many times that this is not correct and this relationship is illegal. But he is not at all minding it and he has stopped talking to us (including his parents). She (Y) is doing it purely for money since my brother is working in an MNC and getting a good salary.

Now we have obtained both of their cell phones and saw them staying together. The photos depict that they are kissing and hugging together. The messages show that she (Y) is constantly messaging and asking him (X) to come to home soon every day and every hour. And their conversation looks like as if they were young lovers. The important thing is that she (Y) is still not a divorcee and she (Y) is still wife of her husband. The divorce case is in court and we have raised a counter case to stay the divorce because we have claimed that she (Y) is getting divorce only to use my brother (X) as an ATM. She (Y) is still talking to her husband daily for hours but living with my brother (X). But my brother (X) does not know that she is still in contact with her (Y) husband and we are also not able to tell him (X) about her (Y) relation with her husband yet. Is there any way to retrieve my brother from her control? Is there any way to file a case against her (Y) using the photos and messages? Will the court take this evidence?

Kindly help me out soon.



Learning

 7 Replies

kvss.prabhakar rao (Advocate )     25 August 2012

it is matter of family no law is there to punish them. however try to lodge comlaint against her under bigomy cse. I think it may usfull to you

Adv Archana Deshmukh (Practicing Advocate)     25 August 2012

There is no case of bigamy when the woman has not performed marriage with the brother of the querist. Here only the husband of the woman has a remedy i.e. he can file a case for adultery against your brother. No legal remedy is available as of now  against the woman. The divorce proceedings is the matter between the husband and wife and will continue between them.  The court will not stay the divorce proceedings on your motion. On the contrary your filing of evidence of adultry of the wife in the divorce case will give an opportunity for the husband to seek divorce on the ground of adultry and will strengthen his case for obtaining divorce.

 

It is better if you give understanding to your brother from some good mediation of friends / relatives / reputed people in the society to mend his ways.

ADV S PATHAK (lawyer)     25 August 2012

plz read the following and think

Indian Penal Code (IPC)

 

Section 494. Marrying again during lifetime of husband or wife

 

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Indian Penal Code (IPC)

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

Indian Penal Code (IPC)

Section 498. Enticing or taking away or detaining with criminal intent a married woman

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person with whom the offender has contracted.

Selvaraj (Engineer)     25 August 2012

Can you pls explain the section 498 of IPC mentioned here above? According to this 498 section, who will be punished and who shall able to lodge the complaint? Whether we (Family) are eligible to lodge it or only the husband of (Y) can lodge it?

Selvaraj (Engineer)     25 August 2012

@Ms.Adv Archana: I agree. But she (Y) has a relationship with my brother (X) and also with her husband at the same time. So what we think is that they (Y and her husband) are trying to get money as mush as possible as if they are getting parted. But they are not following the case seriously. So what we have mentioned in our petition is that they (Y and her husband) are trying to cheat my brother. He (X) is not understanding the reality and still believes (Y) who is acting in front of him (X) as if she (Y) is loving him so much. She (X) is threating that if my brother (X) leaves her (Y), she (Y) will commit suicide and also will kill her son. My brother (X) is actually very much soft hearted and there is something else that he (X) is not revealing to anyone. He (X) is either happy with her (Y) all the time. She (Y) is telling something and threatening and he (X) is not contacting us. (This we came to know through my cousin with whom he is in touch from our side). When asked him (X) to come home, he (X) said to my cousin "If I speak with mom or dad she will torture me questioning me. That is why I am not taking the headache." We have the evidence of her (Y) cellphone's call list showing that she (Y) is still talking to her husband in day time after my brother goes to office and also the photos with my brother. Will this help us?

ADV S PATHAK (lawyer)     26 August 2012

the guardian of a female before marriage are her parents. after marriage her husband and if husband is away then her in laws or her parents. so the guardians of Y can make complaint to police against X. the crime is cognizable.

ADV S PATHAK (lawyer)     26 August 2012

section 498 ipc and sorry offence is non cognizable

 


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