- This topic has 9 replies, 3 voices, and was last updated 1 year, 3 months ago by
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UThere is a worker at our shop who is a simple and calm man. He is married with two or three children, and his family resides in Uttar Pradesh. While living in Pune, he got involved in a romantic relationship with a woman who is not divorced. By the time he realized the gravity of the situation, it was already too late she had begun pressuring him to marry her. Overwhelmed by the burden, he decided to flee.
In response, the woman filed an FIR, accusing him of falsely promising to marry her. As a result, my father has been repeatedly summoned to the police station, despite having no prior knowledge of the matter. When he eventually found out, he advised the worker to avoid such situations, reminding him of his responsibilities toward his dependent family and urging him to focus on his work. However, the worker did not heed his advice.
Now, when my father visits the police station, he is being told that the worker has only two choices either marry the woman or face 14 years in prison. This seems highly unreasonable to me. I am seeking legal advice on this matter, and if anyone based in Pune is willing to help, I would greatly appreciate it. -
SAdvocate here, since she filed an FIR u/s 376(2)(n), though it doesn’t prima facie a matter of Rape under the pretext of marriage but I would want you to answer few questions
1. Is the worker Hindu?
2. Is the lady Hindu?
(Asking these questions for the precise application of law not religious propaganda).
If they both are Hindu then it’s a matter which shall be dismissed, file for anticipatory bail (high chances it can be granted) and get the prosecution at the charge stage.
Either way he’s gonna get an acquittal.-
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UThe worker is not Hindu; he is Muslim, while the woman belongs to the Buddhist faith. Considering this, what legal recourse does he have in this situation?
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SOh man, it’ll make it a little complex but nothing hard for a seasoned advocate.
Still not a 376(2)(n) as the lady was already married and to fall under pretext of marriage she has to be single which she isn’t.
She’s just settling scores or maybe aiming for quick buck and she’ll Turn hostile in her statement.-
UThank you for the clarification. The worker is not fully able-bodied he has a slight disability and works as a laborer, while the woman is a nurse. Considering this, it seems even more likely that she is filing this case out of revenge. Since the law doesn’t apply due to her marital status, what should be the next step for the worker? Should he apply for anticipatory bail immediately, or is there another legal strategy that would help clear his name quickly?
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HWhy do you need help in this? You are not an accused in the case right? Tell the Police that you had no idea about all this and that the worker has run away. You have nothing to do with what was done by the worker. Frankly speaking he is at fault here. Don’t involve yourself in the matter anymore.
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UFor the past 15 years, he has been a dedicated worker, offering immense support to my father. His loyalty and hard work have never wavered, and I feel compelled to stand by him in his time of need. Due to his illiteracy, he lacks any awareness of legal proceedings, leaving him defenseless in this situation.I sincerely want to guide him through this situation, not to claim that he is entirely blameless, but to ensure he receives fair legal support. He is a married man with a wife and childrens, who are not very young. I want to help him navigate this matter appropriately.
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