Girl's father threatening to file a police complaint against me
I had an affair with a girl. Both of us are adults but I am married. I was about to get a divorce (mutual consent). But that will take a lot of time.
I was talking to the girl on chat for a few months. and I told her not to get married and wait for me.
We were planning to elope but lawyers on this forum suggested that we should not until i get a divorce. So we dropped that plan.
Her father might have read the chat messages and is not threatening to file a complaint against me for "trapping her" or something like that.
I want to know if he can file any kind of complaint against me? Because I haven't done anything and all the proof that is he has is Facebook chats. Can I be arrested?
Asked in Criminal Law from Mumbai, Maharashtra
No case is made out against you for chatting provided you have not put any objectionable material. You can give a complaint to police for his threats. As you both are adults and hence free to marry but only after getting divorce through court from your present marriage.
Advocate, New Delhi
1. Yes, he can lodge complaint of adultery against you.
2. However on the basis of chat you can not be arrested but he informs your wife about this then your mutual divorce may be at stake.
the girl is above the age of 18 years and you both are agree to marry after your divorce then these chat details will not constitute any offence because there is no offensive materials like suppression of fact that you are married, you want to contract second marriage in subsistence of first marriage, no attempt to taking her away from her guardianship for illegal act etc.
if girl is minor and you want to induce her to get marry with you then it shall constitute offence, then chat details are form strong basis to initiate criminal proceeding. according to indian penal code girl above the age of 18 years and boy above 21 years can decide to marry and even father can't stop them.
@ Mr. Singh, both of us at 28. So no problem there. She knows very clearly that I am married. She knows my wife too.
I had sent her some messages suggesting that we can run away. But then I talked to lawyers and they said no. So I told her that we cannot run away and we cancelled the plans. All this is on the chat that her father has. Does this constitute taking her away from her guardianship? Also, she had mentioned on the chat several times that she wants to get away from her home and her parents are forcing her to marry when she doesn't want to.
Asked 2 years ago
1. Beginning an affair before obtaining divorce is illegal and you can be sentenced to imprisonment of 7 years.
2. You can be arrested and lodged in jail only if the case is lodged against you.
3. To preempt your arrest you may file for pre-arrest bail.
1. The girl is equally guilty if she commenced affair in spite of knowing that you have not got divorce from your spouse.
2. She is not being taken out of her guardianship if she had knowledge of the fact that you are married.
3. It is unlikely that any complaint would be lodged against you in view of the fact that she is not free of legal guilt.
until & unless, when the girl is in your side, nobody can file any case against you without her consent.
your purposel for run away and then refused to do that is in your support. her father can not take help from law being the father, now she is major so there is no need for any consent of guardian.
Advocate, New Delhi
1. You have not yet committed any offence,
2. Preserve evidence that you had told her that you are married and applied/applying for MCD and also that she even after coming to know that you are married, wanted to get eloped with you,
3. Against the above evidence in your custody, her father's complaint against you will not have much leg to stand.
1. Do you have any record evidencing that she was aware of your marital status and even then wanted to get eloped with you before your getting tye decree of divorce?
2. If you have the above evidence, you can not be charged for falsely inducing her to come with you treating you as a bachelor,
3. Both being adult are at liberty to make appropriate plan to marry legally after one gets the decree of divorce,
4. I hope she also will support you when you will need her to give her witness.
After attaining 18 years of age no guardianship remains so offence does not constitute under section 363 IPC. chat does not constitute criminal conspiracy because you both are agree to contract marriage after your divorce. talking towards marriage is inchoate crime means immature crime, attempt or planning to marriage is no offence so all chats are worthless. in inchoate crime law presumes that person can change his mind at later stage so unless crime is committed there is no offence.