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Sexually exploited on false promise of martriage

Page no : 2

sonia (none)     16 November 2012

mr trivedi ... R U TELLING ALL THE PPL WHO APPROACH LAW FOR JSTICE DO IT JUST FOR REVENGE ?ultimately if the person on wrong is punished the victim does feel at peace..n nw that u have told me to go else whr to seek peace kindly mention the place too 

sonia (none)     16 November 2012

MR.samar garg! THANKS A LOT FOR UR GUIDANCE..I DINT SAY I WANT HIM TO MARRY ME..he told me on my face after the break up that now whoever my future husband will be,would raise questions on my viginity ..i know i did a mistake bt wat he has done to me i am unable to forget and forgive,,u given me all the details spending ur valuable time.i thank u a lot for it ...plz be thr to guide me if i have any other query ...

R Trivedi (advocate.dma@gmail.com)     16 November 2012

As Samar has rightly pointed out without getting too much into the personal space, please ponder over following points:

 

1. He boosted your morale when you really needed it, you gained your self confidence.

2. It was a consensual relatioship till the issue of  this marriage came up.

3. You would not have called him rapist if he married you.

4. You are full of revenge feeling, feeling cheated, but you were party to this act.

5. You are portraying it differently that he or for that matter anyone else should not do with others, thats the lesson you want to teach him. Has anyone ever learnt lesson like this ? Samar has explained this above by citing very large number of cases pending and happening despite punishment.

6. Your case is strictly not a rape case, but you and along with some suitable interpretaion of law is making it out as Rape case.

 

So Ms Sonia, forget this, rape trial is no fun or peace for complainant also, it is unbelievable torture, I am not saying that you or for that matter anyone else should not approach the court, I would have prominently advocated filing the case if it was a rape case in true sense. You please find peace somehwere else, that means leave on with your life and use your energy in positive way, that will be much more peaceful than getting revenge with such man. Our day today life is full of broken relationship, best is eliminate the thought of that man from your life and restart the life. Just think of it even if this case gets settled in 7-8 years, you will be fully drained and you do not know the outcome. Even that Bhandarkar character got free on Priti complaint, she had to withdraw it since she wanted to settle. So think of settling now itself not after few years of painful litigation. Best wishes !! Life must go on !! Savour the beautiful time spent and get rid of the negativity.

sonia (none)     16 November 2012

MR.TRIVEDI ..yes i gave consent for the act bt it was consent after false marriage promise..i am nt full of revenge at all.yes i feel cheated bt i do have the grace to accept a break up,BUT BUT BUT,the way he broke up after cheating and insulting me clearly showed that he never actually intended to keep his so called promise to marry me ...and ofcourse if  he would have married i would nt hve thought about slapping him wid this charge.bt y would he ?arent his intentions clear here?does he deserve to be spared?keep urself in my shoes,walk in it for sometime ..maybe then u would understand..

       I HAVE FEW MORE QUERIES

when i lodge a complaint will he be taken into custody immediately.if yes,for how many days?

what if he tells i am characterless?or his parents wont like me,thats y he backed out?

will i need a lawyer immediately?

R Trivedi (advocate.dma@gmail.com)     16 November 2012

The problem with our thought is that we feel only man enjoys the act, and woman gives. Legally speaking it was a void contract because you could not have offered yourself against the promise of marriage. Look at this from a point of intimate friendship failed to materialise into marriage. Thats all and thats how it should be.

sonia (none)     16 November 2012

anyone out thr who can solve my queries?

MR TRIVEDI..had i known he had no plans to marry me i would never have loved him,forget enjoying

Samar Garg (Trader)     16 November 2012

Originally posted by : sonia

       I HAVE FEW MORE QUERIES

when i lodge a complaint will he be taken into custody immediately.if yes,for how many days?

what if he tells i am characterless?or his parents wont like me,thats y he backed out?

will i need a lawyer immediately?

 

Dont follow any JUST Lawyer, Consult an experienced High court counsel from day 1 and get your initial complaint drafted from them. Offence registered under 376 IPC is a congniozable offence and the police can arrest the accused person immediately for preliminary enquiry and he will have to be produced in magistrate court within the next 24hrs, further he will be sent on police remand/custody for enquiry which can be of 14 days at the max, generally at the first instance a Magistrate will order 8 days Police custody or PC, depending on the findings made by investigating officer further PC is allowed. Gather all your material evidences and get your witnesses tutored by your counsel before you file the FIR.

 

He/his counsel may tell that you are a pros, but that does'nt matter in the courts of law unless it is supported with the material evidence or by some witness. His family's feelings has got nothing to do with you two as since you both are matured and if he, out of his own will, natural love & infatuation towards you , wants to marry you then there is no barrier a society or organisation put forthwith unless it is an inter religion marriage.

 

Sonia, as pointed out by my Ld. Friend Trivedi, one does'nt find peace in the process of law. Peace is a holy word and you only find peace if you have holistic approach. We or i should talk about my self personally, advicing you to stay away of all these since we have faced the pro & cons of court issues and never found a piece of peace in it. In 2007 someone cheated me in Chennai for the tune of crores of rupees and i was sent behind bars for months in the cases against me, i was feeling cheated, even i filled a case against him and police had been paid well from the cheater's end to not to put him behind bars, and in search of peace i have killed that person and his wife with my own hands but there is still no peace around.

 

Good Luck Sonia.

sonia (none)     16 November 2012

is thr anyway that i can fila a non bailable complaint?he blackmailed me using a pic of mine and took cash from me a couple of time..i have no proof for this at all because he later deleted that pic could i mention this while lodging the complain?

Samar Garg (Trader)     17 November 2012

Originally posted by : sonia

is thr anyway that i can fila a non bailable complaint?he blackmailed me using a pic of mine and took cash from me a couple of time..i have no proof for this at all because he later deleted that pic could i mention this while lodging the complain?

 

 

Sonia..

 

No, it is not written in the books of law and in the constitution of India that one can file a non-bailable complaint, although bail is a rule so sooner or later he may get bail, now since this one is going to be registered as a Police case, formally the additional public prosecutor will be handling this case in the courts, but you/your counsel can put forword your written arguments on every occasion i.e., from PC to till the end of trial and your lawyer may argue the case at neccesary points provided he has been allowed by the APP u/sec 301 or 302 of Criminal procedure code.

 

Regarding the pic and Blackmailing, i dont think there is any scope for this without being any prima facie evidence of it & infact that may complicate your version at some point. However meet an experienced counsel and he will put things in order for drafting the initial complaint and to make offence look grave in nature, serious & exceptional your counsel may have to modify your version & your shall be guided throughout.

sonia (none)     17 November 2012

could u plz plzgive me some guidelines on hw my complaint can look grave..i agree that i should omit the blackmailing part as i really have no proof..i want to lodge the complain only using the truth bt i would would really appreciate if u modify it for me.plz read the start of this discussion thread if u decide to help me out and therefore modify..i am on a lookout for a good lawyer in my city "HYDERABAAD"..

Ravikant Soni (LAWYER IN JAIPUR)     18 November 2012

Sonia,

I again suggest you.. it's all depend upon what you described in FIR as to the incident happened with you...

So hire a local but good lawyer and before any proceed make him read the judgments i mentioned in my earlier posts. Those could be helpful to him.

Before presenting the FIR for better opinon you can also forward it to my personal mailbox.

regards.

Ravikant Soni Advocate 

Lawyer in jaipur / Sujangarh 


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