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Avay Sasmal (Engineer)     07 May 2012

Please help

hello team,

Please help us .One of my friend is in a very miserable situation.

On 16.04.12 my friend's ex girlfriend (Married) called him and told him to visit her as her husband was not in home.so he went there but in the mean time her husband arrived then she told my friend  to hide in an other room but at last her husband find him and  he started beating him and his wife and then he called to his wife's parent and his parent.They arrived after around 12 hours during that time period he was drinking and scolding and beating my friend and his wife..When parents arrived then he said that he want to give divorce.So they made a agreement on 300 rupees (two) non judicial court paper mentionaing that due to my friend's presence in her  home she will  help in the whole divorce process and the things that was given at the time of mirrage will be returned by the boy's family.Then the girls family took my friend to there home.Took his mobile phone ,wallet etc and keep him in a room and after two days they forcefully made a agreement on a 10 rupees non judicial court paper stating that my friend is accepting his married Ex Girlfriend as wife and shortly they will marry in court on 19.04.2012.Then they called some of the friend including me and told us to sign on the agreement.Then they called a taxi and told us to go along with my friend and their lady.Then they (my friend and that lady) stayed in a hotel for three days then my friend took her with him to pune by train on 22.04.2012.Because the girls family had told that if he left that girl they will destoy his family.But after some days the boy was able to send that lady back to home by saying that he has some problems and will marry her after one year.Then the lady's brother came and took her sister with him on 27.04.2012.Now my friend do not want to accept her.
What should he do. Please suggest  that if he refuse to accept what the legal action can the lady take against my friend.All we are in a lot tension.So please sir suggest some thing to do.



 12 Replies

MohammedRaffiq Bijapur (Advocate)     07 May 2012

Hello, It all depends how ur friend has maintained his relationship with that lady(his fancy). However the bond (10 Rs Stamp paper) can do nothing good to the parents of that lady and ur friend need not to be afraid of that paper because there is no scope in law for such paper rather promise. Remedies are opened.

Anjuru Chandra Sekhar (Advocate )     08 May 2012

The husband of lady could have filed a case of Adultery against your friend.  He did not do it.  Good on his part.  If the relationship between your friend and his girl friend was fair, then there is no reason why she ask him to hide.  However, to take your friend to the girl's house and detaining him there for two days is "illegal detention".  What your friends' parents were doing when all this was happening?

 

Your friend cannot marry her getting without a valid divorce in court.  In case he does not want to marry, he can avoid, the stamp paper he signed has no value.  No one can force anyone into the contract of marriage.

Avay Sasmal (Engineer)     08 May 2012

Thanks chandrasekhar Sir.

Avay Sasmal (Engineer)     08 May 2012

Thanks MohammedRaffiq Sir

Avay Sasmal (Engineer)     08 May 2012

Please tell me that if the lady wants to file a case what are the allegations and charges she can go for. What is the way to get out of this.She can prove that she was with my friend for a week.Then what should we do? Please reply.

Anjuru Chandra Sekhar (Advocate )     08 May 2012

YOu are not informing properly.  Did they have s*x after that girl married?  Is that what you are saying that she can prove?  If he had s*x with her after her marriage, on complaint made by her husband and witness given by that married girl, your friend can be sent to jail (imprisonment up to 5 years with or without fine) on charges of adultery. In such cases the girl is not punished only the guy who indulge in s*x will be punished.

 

If he had premarital s*x with her (ie prior to marriage) and after marriage he did not have s*x with her, then it is not adultery.

Avay Sasmal (Engineer)     09 May 2012

Yes they had s*x but after marriage but the lady was willing have it rather than my friend.But before mirage they did not had s*x. But how can she prove that? She was not satisfied with her husband.She was always telling that she want to live separately.She was telling that she is not feeling well in her husbands presence. What should we do now please suggest. Can she prove that they had Physical relation? Please suggest.

Avay Sasmal (Engineer)     09 May 2012

Her husband is not going to file a case.He just wants to get divorce.They had secrete relationship.On the day when her husband catch them both are not in objectionable situation.only the boy was hiding in a separate room as directed by the girl.If a case is filed that will be filed by the girl.What the charges she can make on my friend. Please suggest us.

Anjuru Chandra Sekhar (Advocate )     09 May 2012

It is better your friend accept her as wife, because her husband also wants only divorce, he is not seeking to take revenge and he had not filed any police case against your friend.  As you have also signed the document you could be arrested too as abettor.  So try to unite both of them instead of trying to find ways to help your friend to get rid of her.  A good friend is he who feels good when his friend marries the girl he loved.

Anjuru Chandra Sekhar (Advocate )     09 May 2012

It is not right on the part of your friend to think of getting rid of her after having s*x with her.  The fact that a woman confided in such a way by way of s*xual intercourse means that she loved your friend and trusted him too, unless she is a characterless woman who does not have any value for s*xual morality.  I do not think the girl you are talking about is of such nature.  Respect her and unite your friend and that girl and ensure they get married.

Avay Sasmal (Engineer)     09 May 2012

Thanks for the reply. I am really sorry to say you that after staying for a week together my friend has discovered several facts regarding that lady.As you said that women has really no value for s*xual morality.She was just using my friend but now trying to trap him.Her husband has stated some very bad truth regarding her.knowing everything how can one spend whole life with that lady. We now think that she might have preplanned these things. Please suggest.

Avay Sasmal (Engineer)     09 May 2012

She was living happily with her husband and always cheating my friend as well as her husband also.now her husband says that she might have relation with any other person also.She was always attracted towards other men. What should we do now?

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