• Illegal relation

Sir, one of my friends is in the government job and knowingly unexpectedly got a lady’s affair. The lady is widow. My friend is married, now that lady is blackmailing him and threatening that she does not live without him otherwise she will complain and also take a legal action against him. The lady also has information about his married life and she also has no problem. The lady is also the widow of an employee of his department, so she also has all information about the department. There is nothing that the lady has to take from her own house and she lives alone. He also gets Pension of her husband due to which he does not need any financial
Please give me the right advice so that I can help my friend
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

Your friend should take the plea that it was consensual sex with no promise of marriage 

 

2) in event lady files rape case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Client,

Employer cannot dictate the expression of sexuality between the consented adults. A relationship between a man and a woman is a private affair. The employer has nothing to do with it."

Disciplinary Proceedings Can't Be Initiated Against Employee For Having 'Illicit Sexual Relationship' With Person Of His/Her Choice.

And knowingly having external relation with married men is not rape.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Your friend needs to get out of the same. He can file a police complaint against her for blackmailing and threatening. If she files false FIR he can take anticipatory bail to secure himself and avoid arrest. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See she cannot file any complaint against the person because she is in relationship knowing he is married ,and there is no false promise of marriage in case the lady intimidate him and threaten then he can file a police complaint against the lady.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you should lodge a police complaint to the nearest police station or alternatively issue a lawyer's notice to her. 

live in relationship and consensual sex between to adults is not crime.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The right advice would be that he should tell all this to his wife and apologise for his act of adultery a d then they can together take on this widow. She can't do anything.

But I dont know about his relationship with his wife. Therefore I would advise to stay away from her and inform the women's commission and the local police station about it in case.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

if she makes any complaint in the police against your friend, he will be in grave crisis,

he may be charged with rape on the false promise of marriage, sexual harassment, beatings, threats, blackmail, etc

tell your friend to settle the matter amicably by convincing her about his married life which I think is very tough,

alternatively,

your friend can make a police complaint against her, taking his family especially wife in trust, for blackmailing, extortion of money, mental harassment, etc.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You cannot be forced to stay with lady 

 

2) no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

It's better you keep distance from that lady.  She can't force.  She can put the person in difficulty who will be with her. You can take my detailed telephonic consultation from kaanoon if you required any complex information regarding the same anytime. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No she cannot force or charge you. See for that she need proof of marriage

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No she can't force you to live with her. If the relationship was consensual the she can't charge you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

no one can force anybody to live forcefully with him/her,

"if the physical relation has been made then can she charged me for that."
are u also involved in the matter?

anyway, if physical relations had been established, the person can be charged with RAPE.

marriage is illegal, if performed, as your friend is already married and had not taken Divorce from his wife

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

your friend should deny all allegations and issue a legal notice to her. 

your friend can also file civil defamation case against her. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your friend can ignore her threats because she cannot do any harm legally to him.

She may be interested in continuing her relationship with him hence out of the disappointment she may pose such threats, she may be asked to proceed because her complaint is not maintainable anywhere in law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

She may give any strong reason to threaten you, do not budge to any kind of pressure from her side.

She cannot do any harm to you in any manner except to spread their illicit affairs everywhere including your friend's wife and others.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the lady had an idea about your friend’s married life.
  2. It means that if she would have been intimated with your friend then she were with her own free will and consent.
  3. Now, legally she can’t file case of cheating or rape on the pretext of marriage as she knew about his married life.
  4. She can only succeed if your friend would have committed her that he would give divorce to him first wife and then marry her, which almost seems impossible as of now.
  5. If she is saying that she is married then also that marriage is void as per law as the first marriage is in existence.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client 

Your friend landed yourself in a big trouble of extra marital affair and as the lady is blackmailing him to live with her.

The best thing your friend can do in current stituation is that make a call to her and record call in which he should ask that the relation between them was consensual and take her agreement on that so that he can use recording in his defence when the case of sexual harassment or rape is filed by her.

And he should file for anticipatory bail to avoid arrest in case she lodge complaint with police.

And also if the blackmailing continues he should lodge a police complaint against the lady for blackmailing for levelling false cases on your friend.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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