He cannot do anything as the Supreme Court of India has scrapped the offence of adultery of thection 497 of the Indian Penal Code.
He can just seek divorce on grounds of adultery by wife.
Me and my colleague were having consensual relation 3 years back in india , then we separated and moved away from each other. Later we connected again when she visited the onsite USA where i am working as full time employee. Now her husband came to know that we were in relation and he is going to file woman harassment case against me. What are the possible things he can go against me , what i should take pre-cautionary step ? Can he file case from India , where as i am staying in USA as non-immigrant status. Can he take any action against my parents who are living in india ? If she gives complaints on me with my company HR through india, will it be serious ?
He cannot do anything as the Supreme Court of India has scrapped the offence of adultery of thection 497 of the Indian Penal Code.
He can just seek divorce on grounds of adultery by wife.
Where is question of women harassment?
you had consensual sex with lady
3) adultery is no longer an offence under section 497 of IPC
4) no action can be taken against your parents
5) if lady filed complaint against you then you should apply for and obtain Anticipatory bail from sessions court
6) take the defence it was consensual sex
1) If lady from India files compliant against me , since i am staying in USA .How it will affect me ? Can i return written notice for that compliant ? 2) Lady is from India office , i am from USA office but same company , if she complaints to India HR then will i loose my job immediately or should i get chance to prove it as consensual relation ?
1. If FIR is lodged against you after her complaint, you will have to seek bail from court.
2. Departmental enquiries of the company are based on self contained principle of the companies and there is no set procedure. Ideally, they have to give you time to respond to the charges.
You would be issued summons to attend police station for investigations
2) you should apply for and obtain Anticipatory bail from sessions court
3) you would get chance to give your reply to lady complaint
4) you would not lose your job
If this lady's husband files a complaint against you, the same will not be maintainable and thus will have no consequences.
Only in case this lady changes her stance and this stage, and starts a foul cry that she was sexually harassed by you three years back, then only there could be some trouble for you.
Thus, as long as you are confident that the lady is not going to take the initiative of filing a complaint, there's nothing much to be worried about.
Even in case the lady files a complaint, you will be given sufficient opportunity to put forth your complaint and furnish an explanation.
Your Relationship with the lady was not an offence as per the Indian law
husband cannot make any complaint against you
but if the lady makes any complaint you can losel your job in addition to criminal litigation
no action can be taken against your parents
No there's no 'women harrasment' case here. Your previous partner's husband is just trying to harass/blackmail you. Don't give in to any of his demands/tantrums.
Any legal action against you won't stand the test of judicial scrutiny.
For further assistance, see me at my office. Contact [deleted]. ([deleted])
If she files case against you the constitutionality of IPC Section 497 read with Section 198(2) of the Criminal Procedure Code (CrPc). The CrPc Section 182(2) deals with prosecution for offences against marriages.
IPC Section 497 states, "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
But you can defence from your said by her wish she had contact you and kept relationship
No they can't trouble your parents, Your parents can deny all allegations raised against them as well on you, if they come in picture.
If that lady complaint then there will be false cases of rape, sexual Harassment etc. If FIR is filed then you can take anticipatory bail for you. If you need any assistance you can contact me through kaanoon
Since it was consensual, you need not worry
If any action is sought to be taken against you, you will get an opportunity of being heard and giving your say
So no need to worry
Even if she complains to HR, you can always say that you were dating her and the matter is private in which HR has nothing to do
See based on your relationship he cannot file any charges against you for harassment as harassment can be filed by her only he can only seek divorce from his wife on ground of adultery.
He cannot take any action step against parents.
Further in case she has willingly come and there is proof of same she also cannot file any complaint against you. In case she file you can contest same.
1. See still you are Indian citizen your passport can be impounded if she file any complaint on serious charges.
2. You cannot be directly terminated you have to be given opportunity to represent yourself.
Dear Concern,
Please note -
01. In no situation a consensual relationship in between two adults can be considered as crime against women especially that of rape.
02. You are requested to take a date sheet (list of dates and events detailing as to on what date what has happened in between you) and to mark in that date sheet whether you have proof affirming that event on the indicated date. If yes, then please specifically proof do you have with yourself in respect to that event.
03. Meet any advocate of your choice by taking a prior appointment with this date sheet coupled with the proof which you have with yourself to prove your innocence and to prove the fact that you are being harassed by the accused as well as her husband who is trying to get passed herself as 'victim'.
04. He or she will help you to draft the criminal complaint based on this date sheet which you need to file it before such police station in whose jurisdiction some or most of the events has happened. Keep a copy of this complaint filed by you and then if required please file a complaint before SP office as well. So that in future if you have to initiate any legal proceedings then you may come up before the court as you will be done with the formalities which is required to be completed if you have moved the application of criminal complaint before the concerned police station as well as before the SP office.
05. Then with the help of the advocate move an application under section 39 of Cr.P.C. (Informatory application) before the criminal court of concerned city in which majority of the incidents has happened stating that the accused may bring a false case against you and the concerned authorities shall take note of the same. This way, you will be able to save yourself from any false and frivolous case.
06. If you file a case before the courts of India under section 39 of Cr.P.C. then there are less likelihood that you will face any sort of trouble in India, USA or in your office. But if you don't do so then there is most likelihood that you will be terminated from your services with immediate effect and you will be immediately deported back to India. Once you are here in India then you will tried for the charges of sexual harassment as per the laws of India. Although you will come out clean if you have proof with yourself to prove your innocence but in between your acquittal and prosecution you will lose a great substantial amount of time coupled with reputation and future prospects.
You are advised to take action on this subject as soon as possible without wasting a single moment of your life.
No need to worry, Consensual sex is not a offense.
Incase if lady filed any case then you can contest the case on. Merits.
Dear client
The husband of your colleague is doing it to harras you for having relationship with his wife.
I don't think they will have any proof regarding the consensual sex between you and your colleague. But if still she files a complaint of harassment against you to HR she should have proof of that harassment either some communications between you or meeting between you.
But I advise you to talk to the girl in decent way and tell her that if take this step it will ruin your carrier as it was consensual sex between you and me please don't file any complaint regarding that matter and convince her husband also. And this communication must be recorded by you for your defence as she can say something in your favor on phone regarding consensual sex
Thank you all for your advise , lady husband was forcing me to give my personal details, parents details including contact numbers and my passport also. He is saying it is for his security purpose . If i dont provide my passport details , he is doing emotional black mail saying he will take serious action. what i should do in this situation ? As of now ,i provided my contact , maild ID but he is forcing to give passport details , not sure what he wants to do with that.
Don't worry. Don't provide him any further details. If any false FIR is filed then you can take anticipatory bail
do not provide passport or any confidential details to him,
try to settle the matter amicably,
he must be planning something HUGE
Deny him any kind of information and passport if he says that you harassed his wife provide him chat or any proof which state that you had consensual relationship and keep that conversation with you for record.
Dear Concern,
Do not share any of your details with him specially the government issued identity card details like voter id card, Passport, Social Security Number etc. Also do not share the details of your current or back at home residence details, parents details etc. Keep away from them as far as it is possible.
Sharing the details means you will be trapped into a situation especially if you will give the details of your passport. He can approach the Ministry of External Affairs for your deportation back to India. Thereafter he will try to implicate you in cob of cases. So just stay away from them.
Adultery is not an offence anymore so no criminal charges can be slapped upon you. Woman harassment application is nothing. You cannot be touched by him as you haven't done anything. You were in a relationship with his wife and it was consensual. She would attest to that. Therefore there is no harassment.
Regards
He cannot do anything to your parents unless the woman too lodges a complaint against you and your parents.
Do not give any details to him as he would be filing a divorce petition against his wife.
Therefore he needs your details.
Dear client
Do not provide him any details as there might be something he is planning against you. It is your right to privacy that what details you want to share and what not.
You do not need to give him any details. Adultery is not a criminal offence now as section 497 IPC has been scrapped. If you calls you again, you can give a complaint to the police against him for the offence of criminal intimidation under section 503 of the Indian Penal Code.
Dont give him any details, if he threatening you file complaint against him in jurisdictional police station..
1. Her husband has no locus to file the case. The locus to file the case, if any, vests in only the woman.
2. The maximum she can do is file a complaint of rape. So if the FIR gets registered then you must obtain anticipatory bail at first and then may be apply for quashing of FIR in the High Court.
You may not lose your job on account of allegations, but explanation can be sought from you by your employer. Unless you are arrested or a warrant of arrest is issued you may not lose your job. So it is imperative that you either seek anticipatory bail or stay on FIR from the HC.
Her husband cannot give any complaint against you in this regard.
She also cannot give any complaint against you in India.
If at all she prefers to give a complaint in US then with the documentary evidences against her especially by proving that you both were in relationship which was consensual, you can defend your interests in US.
They cannot torture your parents on this issue nor they will be able to give any complaint for the cause of action that took place in US.
If you have received any notice from India, then you may give a reply notice denying all the allegations and afterwards do not entertain any such correspondence.
The complaint given by your own colleague in India which may be forwarded to your US office may take an ugly turn when it reaches your higher officers in US since this personal issue should not bring any disrepute to the office or company hence your company may even take stern action against you hence you got to be careful about it.
Dont divulge any details of yours to the husband of the lady.
May be she is also under pressure by her husband on this even though she wont support her husband
Do not give any particulars of your parents as well, he cannot do anything about it.
You may block him from all the medias including email, phone or whatsapp or facebook or any other social media.
He may pose threats but it may not be effective hence dont get frightened.