- This topic has 45 replies, 30 voices, and was last updated 1 year, 2 months ago by
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Sibling (M, 43) married with one kid was having an affair with divorced female for 5yrs.
Female was aware of sibling’s relationship status.There was no promise of marraige.
Now when things went south & sibling is back with his wife & kid. Female has charged a rape case stating false marriage claim and also states she is 4 month pregnant to lawyer & 7month pregnant to police when sibling was in no contact with her.Female has an history of similar cases where she has charged false claims on other men & have ruined their life & then agreed for out of court settlement
Current status : my brother is in jail we have hired a lawyer and next hearing is in 10days for bail.
I am looking for legal advice , how this will proceed to take my brother out of this mess.
I understand he is a no 1 idiot on first place but as a sibling it hurts to see him like this. -
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Qi thought she would take only morally correct cases and not these kind of tharkis. Having an affair even after being married and having kid.
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DThere has been a similar case in past, here is what I have read.
The charges on sexual relationship in pretext of marriage is void in this case as the husband is already married and the affair knew this already. The charges of rape case are still valid tho. Its better you lawyerup asap.
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SBut in this case it clearly seems consensual right!! Consensual sex between two adults would not be considered as rape right?
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DHaha lol Indian judicial system still sees it as rape. There are 100s such cases where it is obviously consensual and still the rape charges has been filed against the guy.
Watch content of adv amish agrawala and deepika bharadwaj to understand how fucked the system is -
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LIt was completely consensual she has taken over his social media and posting all their lovey dovey pics
There are multiple times when my brother has backed out but she kept blackmailing him
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DHi. I’m a Delhi based lawyer. So for offence of rape on false promise to marry, physical relationship must be shown to be only based on marriage, with no intention to marry. The Hon’ble Supreme Court has also held that every consensual relationship that doesn’t end in marriage cannot be criminalised. If your brother is honey trapped, hopefully he will come out of it soon, but yes in such cases, out of court settlements are the easiest way out, unless ofcourse you have the will to fight hard, with grit, time and money.
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LBecause my sibling is an idiot.
Since he is family and has realized his mistake we are trying to help him. -
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Esince it was consensual relationship of 5 years and your sibling is already married so there is no case of false pretext of marraige! even if your brother was not married still false pretext of marriage is not applicable in this case. false pretext of marraige law only deals with fradulent intent to obtain consent for sexual intercourse. supreme court cleared that so many times! divorcee women filing false this type of cases is pretty common to trap men for marriage , never fall in these trap! file counter case on her including both civil and crinimal cases like bns 248. 227,228,229 and extortion charges against her as she already has history of false cases your case is so strong recently delhi hc order prejury inquiry agianst women similar to your cases!
NEVER FALL FOR OUTSIDE OF COURT SETTLEMENT IF YOU DIDN’T COMMITTED ANY CRIME!!
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SNot a litigation lawyer, but your brother is cooked. Ask him to settle outside. Will be a tough battle to escape the charges legally. The lady, I’m sure money is all she wants.
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SEven if he dodge the grape allegations, the baby in her belly will hold rights to inheritance and this might create tensions in future
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BThen better ask for a DNA test, however it’s a double edge sword, if the kid turned out to be your brother’s.. hoo boyyy things will intresting
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SNAL
I might be wrong but a few months back, Supreme court made a decision where the non biologocal father had to pay child support to his ex wife or somethingNAL but if we go with this logic then maybe even if your brother is the father, even then he wont be the legitimate father of that child
I will edit the link here if i find it
Probably wont work because in your case the woman is already divorced and affair took place after divorce whereas in this verdict, affair took place before divorce
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IFirst of all, how do you know she has a history of filing such cases. Courts do not allow victim’s name to be public as far as I know.
This infact is a problem for lawyers when they try to find out more about the accuser.
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IHow did u guys not know this before starting the affair. Also which idiot finds an affair in their own locality.
Anyway, like others have said. Case can be won based on precedence. But cases will be filed. Life will be chaotic.
And maybe your brother deserves it.
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Ecase is already filled and he has strong proof and can easily acquitted with the help of any professional lawyer, he can also sue her for civil charges if she made any false statement also she has history of similar cases recently delhi hc order prejury inquiry against women in very similar cases!
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Ithat’s good then. Let me add a point here, i saw this video once, that for it to be perjury, you need to get that person speak that lie in the court in front of the judge. False accusation alone won’t do the deed.
Also, the inconsistencies of pregnancy duration will help your case.
Follow up with your lawyer about what precedents he has been studying for the case. Sometimes lawyers don’t do their work properly and that results in prolonged troubles. Also check out ytb channel: Legal Shots, LexSpeak Legal and Law Chambers of Amish Aggarwala. Use the desktop website of youtube for the search button on the channel page to search for videos directly about your issue. They have discussed such cases.
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MThat woman invested 5 years on your sibling (a very long time, tbh). Now, I don’t think your sibling can just discard her and go back to wife and kids, without first settling with her. She would have told neighbours that he is the husband and emotionally developed the sense of home/security (because he is visiting her home frequently). It’s quite a mess.
I know there is a rampant misuse of law. But men shouldn’t be allowed to treat women like crap, without impunity.SETTLE IT WITH HER OUTSIDE THE COURT.
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Eshe was not minor and aware of the consequences of having relationship with men! no need of outside of court settlement because he didn’t committed any crime, there are many similar cases like this where court not just quashed fir and but scolded women for this mess, this is very similar case to it.
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