Upgrad LLM

whether 354 ipc applicable?


hello sir/madam

this is durgaprasad, recently i com accros one kind of situation i am still confusing!

one of my friend has a girl friend, he loved her four years after that he married her, she belongs to muslim community, my friend is hindu,

he married her in lord venkateswara Temple. them they com back to our home town,

immediatly after they reached the place her parents forcefully taken their daugther, after few months my client has sent layer notice, under restitution of conjugal rithts, they received that then went police station filed a complaint against my friend. under section 354 D i.p.c

my confusion is, in india marital rape of a wife is not a crime if she is not under age of 17 years.

but how the Ajfm court taken the as cognigence, when she is his wife.

is she really eligible to file a case under 354 d? how a wife will do it? how wife claims that she was molisted by her husband?

 

 

 
Reply   
 
Proprietor

 

MARRIAGE ITSELF IS INVALID.

 

SUCH MARRIAGES OF INTER-RELIGIOUS FAITH HAVE TO BE UNDER THE 

SPECIAL MARRIAGE ACT AND NOT THE HINDU MARRIAGE ACT.

 

see these : read thoroughly

 

The high court observed that the appellant herself has stated that the respondent was not a Hindu at the time of marriage or thereafter. 

"If this condition is not fulfilled and there was no contravention of provisions under Section 5 of the Hindu Marriage Act, the family court was right in saying that she had no right to file such a petition", the bench said. 

Moreover, provisions of Hindu Marriage Act can be applied in cases when both the spouses were Hindus and their marriage is performed as per Hindu rites and rituals, the judges said. 

It is also an essential condition under the act that at the time of filing a petition for divorce, both the spouses were Hindus by religion, ruled the bench.

_________________

 

http://www.indiamike.com/india/marriage-related-visa-questions-f150/hindu-christian-marriage-invalid-under-hindu-act-indian-supreme-court-t67885/

 

http://timesofindia.indiatimes.com/india/Hindu-married-to-non-Hindu-cant-get-divorce-under-Hindu-Marriage-Act-Bombay-high-court/articleshow/28062659.cms

 

http://court.mah.nic.in/courtweb/orders/mumfamily/orders/200101020622010_1.pdf

 

 

 
Reply   
 


Dy Director

by making a woman to believe that she is legally wedded wife (while she is not legally wedded) and then obtaining consent for s*x adds in the definition of rape. The charge against him could be better under 375 (explanation 4) Marriage is not legal and binding and he has invited trouble. Let him beg for mercy.
 
Reply   
 
Proprietor

But there is the legal maxim " Ignorance of the law cannot be pleaded as excuse " So it is her legal and moral responsibility to know the law for marriage. So he can argue that she lied to him that she was a hindu and SUPPRESSED FACTS that she was in reality a muslim. Since marriage took place in a temple, he can say he was made to believe that she was a hindu. But she cannot argue that way since a muslim would not enter a temple and to partake in a hindu ritual. If she has done it, it can be argued as a hidden illegal agenda ( later conversion to islam,...etc ) she had against him. It depends on how the advocate argues these points.
 
Reply   
 

Dear Sir/Madam,

my question is not whether that marriage is legal or illigal?

whether own wife can file a case under 354 D? is it possible?

354 D says that: (1) Any man who— (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

any man means wat, can u say that husband is anyman to his own wife?

if they are different from each other, so courts need not give them divorce, they are seperate from each other. no body need to give the almony to his wife. because they are different.

the meaning of marriage is nothing but unitation of two persions(male and female).

i am telling you its a love marriage held between hindu and muslim. in the rights of hindu costoms, because the boy belongs to hindu community, 

hindu marriage act says that there are some conditions, should be fulfilled, but incase its failed (it says nothing like invalid or valid?)

 

 
Reply   
 
Dy Director

"any man means wat, can u say that husband is anyman to his own wife?" PLEASE TELL YOUR FRIEND THAT HE HAVE TO UNDERSTAND THAT SHE IS NOT HIS WIFE. IT IS NOT HAVE A LEGALLY ACCEPTABLE MARRIAGE. SHE IS MUSLIM ONLY YOU COULD MARRY SPECIAL MARRIAGE ACT.

Total likes : 1 times

 
Reply   
 
Dy Director

YOU SAID "hindu marriage act says that there are some conditions, should be fulfilled" FIRST AND FOREMOST CONDITION IS THAT BOTH SHOULD BE HINDU.READ SECTION 5 "A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—" SO UNDER WHAT MISCONCEPTION YOU ARE LIVING.
 
Reply   
 
Dy Director

FURTHER YOUR FRIEND (BASICALLY IT IS YOU) MUST ALSO HAVE BLUFFED TO THE PANDIT THAT THE GIRL IS HINDU OR ELSE THE PANDIT HIMSELF CAN BE TAKEN AS ABETTOR TO RAPE.

Total likes : 1 times

 
Reply   
 
Dy Director

WHETHER YOU LIKE TO HEAR OR NOT UNDER GIVEN CIRCUMSTANCES CHARGE UNDER SECTION 354D IS TENABLE. If they have decided not to add 375 it is their magnanimity. That charge will also be tenable. So I reiterate that let him beg for mercy.

Total likes : 1 times

 
Reply   
 
Proprietor

 

@ Sudhir Kumar

 

ha ha ha ha....Good One.

 
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