1) court would not grant any injunction restraining boy from getting married

2) church would not face legal problems

3) Police cannot block the marriage

4) IO would accept evidence in your possession

5) complaint of criminal defamation can be filed against the girl under section 500 of IPC

(1) in your fact and circumstances the court may not grant any injunction restricting the marriage. Also on Conducting marriage church will not face any legal issue.

(2) no.the police officer is not empowered under law to block a marriage or delay it.

(3) yes the IO has to consider the evidence by you.

(4) A case of criminal.defamtion and civil defamation can be filed against them.Criminal for penalising them under IPC and civil for taking damages in form of money.

Once the chargesheet is filed and no offence is made out against you in that File in high court under section 482 for quashing of.the FIR.

1. The church is not obliged to listen to police unless there is an order from civil court to perform marriage.injunction on marriage is very rare rare order and it is unlikely to be passed by court.

2.No unless the marriage is performed agaisnt the wish of wither of the party.

3. Yes,the accused person can submit the evidences in his support in writing.

4.For mere filing of false case defamation does not lie. However since the lady has been threatening them ,he or his family can file a case for criminal intimidation and extortion.

5. Well,the man instead of waiting for Church to become agreeable to swear oath of marriage cna register their marriage under SPecial marriage Act. That would bypass the Church and Police as well.

1. Police has no authority of law to stop the marriage of a man who is unmarried. Only a civil court through an order of injunction can stop it.

2. The church is under no obligation to obey the diktat of police which is without authority of law.

3. The boy has been granted anticipatory bail, so now he should share all the evidence of his innocence with police and obtain acknowledgment.

4. A criminal complaint for defamation can be filed by the boy but it should be filed only after he is acquitted by the court.

Better to file a case of defamation and secondly get married before registrar of marriages. If FIR is filed better approach jurisdictional High court seeking quashing of FIR and lastly file a counter case against girl for extortion.

Dear Sir,

I would like to refer your second sentence " whole event took place in a foreign country" then how about jurisdiction in India. If that is so then you may please approach the High Court.and get quash the FIR. Even otherwise if you have messages of blackmailing by her then you may approach the HC and seek stay of investigation and later it will be quashed. Further, HC may be asked to set aside the instruction issued by Inspector of police to Church authorities, his action is running in negative, he ought to have registered a case against her for blackmailing and threatening saying that she commits suicide, it is an IPC offence. The Inspector cannot take shelter under such threatening s and issue such instructions to the Church, which is incorrect and illegal.

Now I shall I shall answer your questions as follows:

1)The church is worried if she could block the marraige function by any means by taking a writ of injuction order and if conducting the marriage could cause them any legal issues?

Ans: Let her go to a Civil Court and exercise her right, till then there is no hindrance for the Church to conduct the legally proposed marriage.

2) Can any police officer block the marriage from happening?

Ans: No, he should have obtained such order from Magistrate, he has not vested with such powers. His act is wholly misconceived and illegal.

3)As the case is in the investigation phase ,will the investigating officer accept the evidences that shows her fake story.

Ans: Yes, on the basis of your evidence, he may submit a report that she has submitted a false complaint.

4)Can the young man's family file a counter case against her for filing a false case causing defamation ,mental torture and monetary loss.Can this case be filed straight away?

Ans: Now, at this it cannot be filed, but it can be filed when investigation is completed and closed the complaint as false. However you can file a case against her for blackmailing you and invetigation authority saying that she will commit suicide. More details on mobile.

Hi,

The police office can not stop the marriage on pretex of a rape complaint. The police will file its closure report or charge sheet as the case may be after the investigation.

If police final report is there the family have the option for filing a criminal complaint under section 199 and section 500 of IPC for fabrication of false evidence and defamation.

1. There's no restraint order in operation prohibiting the Church from solemnise this marriage. There will be no legal hassle for the Church in solemnising this marriage.

2. No. In case they attempt to do this, just video record the entire episode and approach the Court.

3. Yes, submit all your evidences with the IO.

4. It would be better to file this case later, once this young man is absolved from all the charges slapped on him.

1. if the investigation is pending then no court can pass an order to stop the marriage and neither can the police come and stop the marriage. yes the police officer will accept all kind of evidences, you are free to give those evidences to the police officer which are in your support.

if the case is later declared to be false and fabricated by the police or by the court then you can file counter cases.

Obtain an anticipatory bail and also yoy may approach the HC for getting he FIR quashed.

Regards

If she expresses her objection, then the marriage shall not be solemnized as per the christian marriage act.

However, the police does not have powers to stop the marriage.

Defamation laws shall not help and it will be waste of time, money and energy.

Instead, explore the ways to get rid of the criminal case.

1. The police has no authority to order the Chorch not to conduct the marriage. The Church also has no legal right to refusse to conduct the mnarriage on any presumptive ground. If there is any restrain order issued by the Court at a futute date then only the Court should act based on the said order and not before that imagining the adverse order. Moreover. Writ Petition can be filed against Govt. organisations/departments and not against any private party.

2. Police is tyhe law enforcing authority only and not the judicial authority. Police does not have any aothority to block any marriage without the Court order. Collect evidence of such blocking to take up the matter later on legally.

3. The Investigating officer is bound to conduct investigation in to the complained matter and all relavant evidence for and against tyhe said complaint and act accordingly, i.e. file a charge sheet or Final Report (closing the case not finding any material in the complaint).

4. The said person can lodge a police complaint u/s211 of IPC against that lady alleging lodging/filing of false complaint/case for causing damage to him.

5. If police refuses to register FIR against her, then he can file a Writ Petitiuon against police inaction making the said lady the private party, praying for direction upon the police to regfister FIR, investigate and act based on the complaint of the young person.

1) her complaints would not be taken as valid objections

2)for obtaining restraint order it may take 15 days or so as court would insist that you be heard before passing any orders.

3)wait for police investigations to be completed and charge sheet filed . then apply for quashing in HC

4)file police complaint against girl for extortion under section 384 of IPC

1. She can make an objection to the registrar for sure but unless the registrar if given evidence of a subsisting marriage of the applicant he cannot refuse to register the marriage.

2. A writ petition would not lie to stop a marriage but she may file a suit for injunction in the civil court. The 'young man' can file a caveat to preempt any ad interim ex parte order of injunction in favour of the woman.

3. If police does not conduct a free and fair investigation then High Court can be approached.

4. A criminal complaint under Section 506 IPC for criminal intimidation can be filed.

1. In such cases, the marriage officer appointed under SMA may hesitate to register.

2. Not sure, if such relief shall be granted as it is life and liberty of both accused and victim. As she is already married and consented to the sexual act, even an offence under S.417 shall not stand on merits in the court of law.

3. As per S.188 Cr.Pc, even if the offence has been committed in the high seas or elsewhere, it cannot be inquired into without the previous sanction of the central govt. It is applicable only at the stage of trial and the police can still investigate. However, the doubt is "elsehwere" does it imply similar to highseas or in foreign land? If this has been answered by SC affirmatively, then you will be absolutely free.

if it has been committed in the foreign territory, a complaint should have been filed, investigated and as per s.189, the central govt, can direct the evidences to be produced before the trial court.

In your case, there seems to be lot of lapses.

1. Yes, any body can make an objection for his said marriage but the said objection should be legally acceptable for stopping the marriage. In the instant case the alleging lady is a married woman for which her objection that marriage was proposed to her is not legally acceptable. Marriage can not be stopped by the Registrar for any FIR lodged against the prospective groom or bride.

2. No Court can force any body to marry another person whom he/she does not want to. The man has not married the other woman for which his marriage to another lady can not be stopped by the Writ Court. If his guilt is proved, then he can be punished as per law but he can not be directed to marry the other woman.

3. Indian police has no jurisdiction to investigate in to the matter which has been alleged to have taken place in a foreign land and she should have lodged the police complaint at the appropriate police station of the said foreign country. A petition can be filed before the High court for quashing the FIR.

4. The man can file a police complaint against her bringing the charge of giving her threats and for trying to blackmail him.

She can't legally get any such injunction. The police can't stop the marriage either. Yes investigation officer will receive the evidence. Yes they can file counter case but after the acquittal of the young man.

1)The church is worried if she could block the marraige function by any means by taking a writ of injuction order and if conducting the marriage could cause them any legal issues?

The church authorities need not oblige the police dictates or instructions in this regard.

The church can proceed with the solemnisation of marriage as per their program when there is no order of restriction by any court of law in this regard.

She cannot obtain any restrain order in this regard without Vivienne notice to the party concerned.

On receipt of notice, the boy can file an affidavit that this woman is a married woman and has no locus standi to demand him to marry her during the subsistence of her marriage and her spouse living.

He can even file a caveat petition before high court, if he is anticipating her to file any writ petition in the high court.

2) Can any police officer block the marriage from happening?

No, they do not have any rights in this except to enforce a court order.

3)As the case is in the investigation phase ,will the investigating officer accept the evidences that shows her fake story.

Yes, he has to accept the evidences during investigation.

4)Can the young man's family file a counter case against her for filing a false case causing defamation ,mental torture and monetary loss.Can this case be filed straight away?

They can very well file extortion and criminal intimidation case

1. Under the given situation, if her objection is supported by substantial evidences i.e., by a court order or valid proof that he is already a married person etc., the marriage registrar may not accept this as an objection valid to stop the intended registration of the marriage under the provisions of special marriage act.

2. If the boy apprehends that she may approach high court with a writ petition, let him first file a caveat petition so that she do not get an exparte order in this regard.

He will first get notice and would be heard before the high court passes any order on her petition.

3. The high court may be approached even now with a petition to quash the FIR on the basis of jurisdiction.

4.Yes, a criminal complaint against her for threats, extortion and criminal intimidation etc can be lodged.

1. this will not be a valid objection.

2. No such order to restraint the marriage can be passed by the writ court.

3. You must approach the HC at the earliest.

4. Yes, you may go ahead and file a case against her at the earliest.

Regards

1. Yes, public at large would be free to make an objection.

2. No Court is going to pass a stay order on the writ petition of this lady.

3. It is preferable that your approach the High Court before Police files its report under section 173(2) crpc.

4.Yes, report this to the Police and get a FIR lodged against this female.

Dear Sir,

Please see my answers below:

1) If the young man goes on to marry according to the special marriage act,can anybody make an objection as there is such a criminal case of cheating and rape going on against him?Can this particular lady whose marriage is subsisting make an objection to the registrar and will her complaints be taken as a valid objection?

Ans: Unless Court issues injunctions order, no complaint will prevent the Registrar to register the marriage.

2)The young man's family wishes to conduct the marriage as soon as possible.At the moment this particular lady is away from the area.There is little chance that she would know that the boy's marriage will be conducted.But in any case if she would come to know and wishes to get a writ petition or restraint order,how long does it take to get a writ petition or restraint order from the court?

Ans: If you go on asking such questions on the public platforms then she will definitely file a suit and get injunction order and it will continue for years together. By overnight marriage must be celebrated.

3)As the incident happened in a foreign country,the police has jurisdiction issues and so its heard that the police is not much interested in investigating the case.At what stage can the High Court be approached to quash the FIR?

Ans: Yes definitely.

4)Even after filing this case this lady keeps ringing through various mobile numbers and sending messages which are threatening and using foul language.She also rang a member of the church telling him that she needs money for the expenses of travel.She also send a message to the young man's sister telling her a fabricated story of cheating and asking her to give her justice.Can a case of threatening and blackmailing be filed against her straight away?

Ans: Definitely you can file by this time. It is better to contact me since you have endless questions and apart from that you are not getting ready to face the problems. If you prepare to face the problem then no problem will appear. Best of luck.

1) bail cancellation is done if accused is threatening or trying to influence witnesses

2) merely because boy had consensual relationship with girl it does not amount to rape.

3) forensic report does not prove rape only that girl had sex

4) if charge sheet is filed against boy he can applyfor discharge before trial court

5) in alternative apply for quashing before HC

1. The cancellation of bail application has to be filed before the same court which granted the bail.

There has to be substantial reason for seeking cancellation of bail.

Her gimmicks cannot warrant consideration for cancelling the bail and it is not easy to get the bail cancelled on some flimsy grounds.

2. High commission is not their servant to listen to her complaint on such irrelevant matters to initiate action on him.

The high commission is neither a police or a court of law that it will listen to such complaints, hence you can ignore her blabbers.

3. Let the police file the charge sheet, it can be challenged in the trial court properly.

If the boy is confident about the falsity of the case, he can even file a petition to quash the charge sheet before high court under the provisions of section 482 cr.p.c..

4. The case cannot be transferred to the place where the boy resides.

5. The burden to prove this allegation lies on her in the trial court proceedings, hence he can be a silent spectator, his advocate will take car of all such issues.

6. The prosecution canot prove it to be rape based on the forensic report.

Hence the rape charges can be rebutted

1. In the all the posts you have submitted so far, you have not informed the event against which she has lodged the complaint before the police which has been registered by the police as FIR. Did you have physical relationship with her? Has she collected any audio recording of yours to prove your giving such assurances? However, even if there any physical relation with her which you had established by assurance of marriage, as per the latest Supreme Court Judgment, it will not be considered as rape. There is no reason why the Supreme Court will cancel your bail since getting bail is your right. The lady as well as the local police is giving you false threats to extort money from you. You need not succumb to their pressure.

2. High Commission can ring you and enquire about the matter by taking your version of the incidence complained by her as a routine matter. It has no judicial authority to act against you with out any court order.

3. After police files the charge sheet, you shall have to contest it in the Trial Court. The question of filing revision petition comes only after you get any adverse order.

4. She can not go to Supreme court without approaching High Court. Whatever she or the police have told you are load of trash fit to be ignored.

5. Her having physical relationship with you in USA can not be medically proved by conducting a medical test jn India after so many days. Moreover, having consensual s*x with someone is not a crime at all. She has no merit in her complaint and just false threats are being given to you to scare you for extorting money.

6.You are getting scarred and tensed based on a false and baseless threat given by her to you. Supreme Court has no reason to cancel the bail.

1. If the liberty of the bail is being mis used then the same can be cancelled

2. No

3. It can be done at the place where the charge sheet is filed.

4. As of now nothing can be done

5. If the forensic report will say that there was some physical force at the time of physical relationship then the same can be considered as the rape.