need urgent suggestion

Engineer

Hello Sir,

  I need urgent suggestion in a case. Kinldy help.

Case summary: That the complainant girl  and a guy were classmates in college and had gradually become friends. They started liking each other and guy also promised(planned) to get married to the girl.

Since girl was sure that he wil marry her and she was happy to get married to the guy they had physical relationship which also lead to pregnancy and then abortion. After couple of years relationship got sour and guy started running away from marriage. She also had a violence during live-in period. Now guy denies to marry her.

She wants to file IPC 376 and 406 against him and/or  file case under Domestic violence. Can both be filed together? Which one is valid here? Can IPC 376 and 406 be filed without going to police station. She does not want to file in Police station as this case is complicated and  IPC 376 is arguable in this case and she doesnt want any arrest till the case is proved.

Thanks in advance

 

 
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practicing advocate

couple of years passed, now you cannot file a complaint u/s 376 of IPC. Suppoose case is filed it is arguable case it is good for defense, so dnt go for it, everything will be considered in the rape case.

Go for DV Act.


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Advocate

No 376 IPC. Go after DV Act. There is provision for this kind of cheating Please go through Section 3 of the D The Protection of Women from Domestic Violance Act (in short DV Act).


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Advocate

Nitin ji, I think she can file a case against him only under DVAct.

 
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Practicing Advocate

S. 376 and DV won't go together.  DV is possible.


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Engineer

Hello Rajeev,

    You are right that many years have passed but under IPC 376 case is also valid because physical relationthip was maintained on false promises of marriage. Am I right ?

Hello All,

Thank you for the replies. But We are not satisfied with DV act as it just gives compensation but IPC 376 will be punishment. And according to me what he has done is no less that rape. Can something be done to get justice in teh form of punishment.

regards,

Nitin

 

 

 
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Engineer

Hi Archana,

  You are right IPC 376 and DV wont go together. But IPC 376 case is also valid because physical relationthip was maintained on false promises of marriage. Am I right ? Since this case is complicated under IPC 376 that is why my suggestion was to go with both IPC 376 and DV act and it should be upon Magistrate to decide the nature of crimes.

Cant this be done that both case be applied together directly to the Magistrate and then decision of validity of crime can be decided by him/

regards,

Nitin

 

 
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Engineer

Hello All,

  One more question just popped up to me. The girl was not staying with the guy throughout but 7 mnths in a year in absence of his parents as his parents stays most of the time in different place. Can this kind of live-in relationship covered in DV ACT 2005 since there can be argument that it is not a shared household.

 
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Retired

 There is no proof of anything.

1. Physical relationship is not rape.

2. Live-in relationship accepted as no crime.

3. Medical evidence can prove that  there was abortion but the boy cannot be connected with it.

4. Is there any proof that they lived together to attract DVA?

5. Think of social trauma.

There are many such cases in what is known as "liberated" society.

 


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Engineer

Respected Sir,

      I do not completely agree with your view but Thank you very much for replying to my post.

1. Physical relationship is not rape.

2. Live-in relationship accepted as no crime.

For 1 & 2 :      Right but even in court every case is treated uniquely beacuse every situation is different. Physical relationship is not a crime but if a girl is doing thatthinking he is the one who will be her husband anyway and then he cheats then its equivalent to rape if you look from girls perspective.

3. Medical evidence can prove that  there was abortion but the boy cannot be connected with it.

This is a question .

4. Is there any proof that they lived together to attract DVA?

How can anyone live together for so many years to attract DVA ?

5. Think of social trauma.

Thinking about the social trauma a girl is facing this is equivalent / not less than rape.

Best regards,

Nitin

 
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