1) wait for child birth
2) if he is the biological father of child he should marry the girl
3) if they don’t get along boy can file for divorce on grounds of mental cruelty
I am Basant Singh from jamshedpur ( Jharkhand). The case runs like this. My nephew was having affairs with one girl. Based on their affairs parents agreed for their engagement . post their engagement , date of marriage was fixed on 7/12/2018. In the meantime, in the month of september , 2018 we got to know that the girl having relationship with the some other boy as well . As a evidence we got a photograph . when we show that photograph to that girl , she accepted that parrallely she was having relationship we other boy as well and based on her acceptance , we refuse to enter into marraige . In the meantime , the girl declared that she is pregnant from my nephew . The girl & their parent filed FIR in PS against parent & boy . consequently the trail court refused to grant bail to all family members . The bail application filed in High court , Jharkhand . The HC grant bail to all family members but in case of boy conditional bail was granted saying that if girl delivered a child & if based on DNA report it is proved that he is the biological parent of baby in that event he has to marry to girl or face imprisonment . Now what is the remedies , since the character of the girl is not good & on that basis the marraige was refused , how to take it up in court . We intend to hire a good advocate practicing in supreme court to represent our case. Similarly knowledge about judgement of courts in the same case shall be of great help.
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1) wait for child birth
2) if he is the biological father of child he should marry the girl
3) if they don’t get along boy can file for divorce on grounds of mental cruelty
See he cannot be jailed without proper trial , so file a quashing of FIR before the high.court engage local reputed criminal lawyer from high court he will have a better face value in court .
Further the trial has to be contested and court cannot force him to marry even if child is his.
1. Well, the condition while granting bail to the boy is illegal and has no force in the eye of law.
2. So avoid future hassles in the event the baby born is found to have been begeted by your nephew prefer an appeal in supreme court which is likely set aisde this condition which is apparently illegal.
3. Feel free to contact for the supreme court appeal to modify the condition of bail.
What's the status of the investigation in the FIR lodged?
If a chargesheet has been filed already, approach the High Court again and assail the same in an application under section 482 crpc and attempt to get it quashed
The condition of the bail forcing the boy to marry her is illegal and cannot be enforced as no provisions of law supports that. The accused cannot be subjected to any condition which is not pragmatic and is unfair. It is the duty of the Court to ensure that the condition imposed on the accused is in consonance with the intendment and provisions of the sections and not onerous.
Under Section 437(3) the Court has got the discretion to impose certain conditions, on the person accused or suspected of the commission of an offence punishable with imprisonment, such as - (a) that such person shall attend in accordance with the conditions of the bond executed,(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The Hon'ble Supreme Court in the matter of Sumit Mehta vs. State of NCT of Delhi6 held, "The words 'any condition' used in the provision should not be regarded as conferring absolute power on a Court of law to impose any condition that it chooses to impose. Any condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance and effective in the pragmatic sense and should not defeat the order of grant of bail
You can appeal to the Hon'ble Supreme Court of India to set aside the illegal condition of marriage for bail.
You may await the birth of the child after which as per the orders of the court you may get the paternity of the child tested through DNA test.
Await the results.
If it is confirmed that he is biological father of the child then you people may influence her people with some consideration and ask them to leave him and inform court about the out of court compromise.
The court will not interfere if the complainant is not pressing the complaint any further.
Still there is long time to go hence dont run out of patience, wait for the right moment to take proper action warranted as per the prevailing circumstances
Better settle dispute amicably through an mediator.
You can also approach high court and quash FIR under 482crpc but chances are very less.
the condition imposed is quite illegal,
pls clarify whether boy or any other family member had submitted an affidavit or statement in the High Court, in this regard at the time of bail, if no, such condition can be challenged in the supreme court.
the other way is to tell the boy to marry her, in case he proves to be the biological father of the upcoming child,
and get out of the present litigation,
and
then decide whether to stay with her or not,
he can divorce her at later stage stating/creating any other reason,
an intensive study of case file will get prompt clarification.
Hi
First and foremost, the high court order of granting conditional bail stating that ifif gi delivered a child & if based on DNA report it is proved that he is the biological parent of baby in that event he has to marry to girl or face imprisonment itself is totally wrong and against law.
You need to challenge the bail order itself in supreme court and obtain regular bail in accordance with law and on merits
In trial court, the boy should be able to demonstrate that he had no conjugal access to the girl and also in DNA test prove that the child does not belong to him.
Court order is already clear, what else you are expecting. IF Child is proved in DNA test, either accept it or face criminal trail. Apart from this, also liable to pay maintenance.