• 354d and 506 IPC filed on me

Hello ,

I loved one girl from 4 years and we had a physical relationship too...we both were in deep relationship and she also loved me deeply and we both had sexual relationship also and we thought of marrying each other too....she made me believe that she will marry me definitely but her parents got to know about our love matter and they convinced her by telling he is from different community and he is not good guy so better leave him, that girl immediately by listening to their parents she told me leave me I don't want you, then I got angry on her parents and I called them many times and requested them please accept me, and also I said I have proofs that we are in relationship. I will go to media and proceed legally then I will get the justice .. eventhough they didn't list to me and so what I did is I have sent a fake hand cut pics to their WhatsApp and then I said I want to talk to that girl immediately or else I will die , i said to their parents and later in the evng that girl called me and just said I don't want you , you have broken my heart by blackmailing my parents , then I got angry and said I will die and I will kill you and your family, they recorded this and that girl kept a police case on me that she has done only friendship but I am only disturbing her all the time and blackmailing her...she lies that she didn't love me and filed a 354d and 506ipc on me....now I was on bail and they agreed for compromise...so this is going to get compromised in lok Adalat ....

My another doubt is after cancellation of the case can I again try to contact her...

Another doubt is if a boy and girl who had physical relationship they should be treated as husband and wife according to the statement given by Madras High court ....so can I file this case on them to get married to that girl....

And as they agreed for compromise in lok Adalat ...in lok Adalat can I tell that she had a physical relationship with me ...so she is treated as my wife according to the law and so when their parents tried to change her mind I got emotional frustrated and blackmailed them ....but she has filed a case that she has done only friendship with me ...which is wrong we had a deep relationship that is the reason I am out of control when she said she don't want me...

Any suggestions please
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

Hi

Yes ofcourse you can contact her after the cancellation of case . But for that you will have to again face consequences. Like you are facing rite now.

No ,making physical relationship with anyone will not give any right to any one to force them for marriage.

Brother law doesn't say that if you are in physical relationship then you can be called as husband and wife .. infact it is important for a valid marriage that there should be physical relationship between husband and wife. But you were friends and had sexual relationship then this doesn't give you any right to force that girl to marry you.

I would suggest you to move ahead in life

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Please don't feel bad but are you out of your mind?

The best idea will be to get the case closed at the first place and save yourself from being punished in your silly mistake.

Even after all this if you wish that girl to be your wife then no one can you advice you better than what you think. May God help you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Just one suggestion for u brother move on do not get into all these things

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Forget the girl and move on in life

2) don’t contact the girl after case is settled

3) you are not husband and wife

4) you cannot force girl to marry you

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You cannot be treated as husband and wife merely because you had physical relationship and promised to marry each other

You cannot force girl to marry you

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

If you wish to go aheadon the presidency of the judgement you may go for that.

I advised on the pretex of rest of the incidents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. After the case gets compromised do not try to intimidate the girl once again as you can be prosecuted once again.

2. Mere physical relationship alone doesn't make it a marriage. Its a long cohabitation like a married couple which may happen in live in relationship which court can treat as marriage for the purpose of determining the right of the woman for maintenance or for determining parentage of the child born out of this.

3. In your case only sex occurred but no living together as married couple. So this can't be treated as marriage to restrain the girl from marrying another person.

4. In any event the lady is reluctant to go with you. In that circumstances don't force you into her life against her wish as no relationship survives with unalteral efforts. Move on in your life. She also seems to have done so.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi

There are certain words in the judgement you posted here.

"they could be termed as "husband and wife", as a result of their choice of freedom. "

There should be choice of freedom of both not one.

Convince the girl to marry you then noone can stop you BOTH TO MARRY EACHOTHER.

Brother if you really want to marry her.....persue the matter socially and don't take law in hand.

Try convince her by the Mutual meetings of Parents or relatives. If you will force her or her family then you will be facing legal consequences.

You can file a complaint of breach of trust against that girl to create some pressure.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

See you cannot marry anyone against her will may be that is because of any reason if girl agrees than you can marry her. You cannot file a case and marry her. If she is ready and solling then you.can marry you.can ask.protection against parents but if somebody has physical.relationship with you doesnot mean he/she is husband wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Just compromise the case and think about your future. No girl can be compelled to marriage without her consent. If she doesn't want to marry you you can't compel her. Don't try to contact her or you will again be in legal trouble.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

My another doubt is after cancellation of the case can I again try to contact her...

Dont try to contact her again against her wishes, you will land up in trouble and may not be able to come out so easily.

Another doubt is if a boy and girl who had physical relationship they should be treated as husband and wife according to the statement given by Madras High court ....so can I file this case on them to get married to that girl....

Dont misinterpret law in your favor.

That judgment was for the case filed by the girl for maintenance or per her circumstances, hence that will not be applicable to your case, especially if your girl friend refuses to join you.

She will kindle all the ol cases and will get you re-arrested for torturing her and creating nuisance and posing threats and blackmails.

Better consult a counselor on this and decide how to keep yourself under control.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Can you suggest me that can I do anything to make that girl marry me...she got changed when her parents got to know about us...

Dont bank upon such fancy ideas, the court judgment what you refer to herein above is totally irrelevant to your case.

You appear to blackmail her or force her to marry agaisnt her wishes.

There is no court to force to marry you agaisnt her willingness, if she refuses to marry you and gives a complaint that you are unnecessarily troubling her, you will be booked under various criminal offences and it will become tough for your to come out of them so soon.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Dear friend,

Yes, you have a strong case. But I cannot endorse your views on this public platform. I will fully support your views and also support you in your future course of actions to marry her. Please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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