How to be safe from this problem
I have loved a girl and she got married to a guy and left to US . Now as that guy have tortured her initially with verbal abuse and she finally decided that she can be only happy with me. Now her husband got to know we are chatting and this was brought to her parents concern now she has took all the blame. Now she has visited her parents in India and been emotionally blackmailed daily to keep up her relation with her husband but she wants to move out of this. I have a problem now , I got to know that her husband family are trying to file a case against me. Is there something I can do from my side ? She is on my side to tell the truth .
Asked 2 years ago in Family Law from Bangalore, Karnataka
1. Do not worry. No case can be filed against you.
2. You are free to help this girl as long as you want and no law can touch you.
3. if she divorces her husband then you may consider of marrying her but not before that.
Her husband or his family members cannot file any case against you with out any evidence or reason. Have you left behind any evidence ?other than the facebook or social network chats are exchanges, do you both have any other type intimate relationship with proofs?, If answer is No, then just sit back and relax, however, do not ruin the life a married women which is equal to destroy her entire home(matrimonial) or ever become a reason for spoiling her married life.
1. Her husband can prosecute you for adultery if he has any proof of the fact that you were in a relation with her even after her marriage.
2. There is nothing you can do at this stage except to stop communicating with her. If he files the charges against you then contest the case on merits.
3. She is free to file for divorce against him.
Legally they have no right to file a criminal case against you until & unless she is with you.
talk to her tha what she wants, if she wants to break this marriage then file a divorce case before family court.
Advocate, New Delhi
1) mere chatting with lady is no offence
2) you did not have any physical relationship with her after marriage
3) if the lady wants to separate from her husband she should file for divorce in USA where her husband is staying
4) in the alternative she can file for divorce in india on grounds of mental cruelty
1. If the complaint is made against you, you should defend yourself by saying that we are only good friends and there is nothing beyond friendship.
2. To file a case against you, her husband should have enough evidence.
3. Henceforth do not try to contact her either through telephone, email, etc..
4. Even if she is on your side to tell the truth, please do not forget that she is somebody else's wife. Let her take divorce first and later on both of you can decide the future course of action.
If any of the complaint filed by them against you,then defend the case in positive way on merit. Mere chatting or sending an email is not a crime. It is advisable that it is not good for contacting her either through telephone, email, etc.at present situations.it become a good cause for further litigation between her and her husband .If the lady wants to separate from her husband she should file for divorce in India
The husband of the girl can file a complaint of adultery against you incase he has any proof about your relationship with his wife. It is advisable that since she has been married, you must stop any kind of conversation with her to save yourself from any major trouble. If the lady wants to separate, she should file divorce and get separated.
Dear lawyers thank you for you replies. Can I know one more thing ? her Husband family doesn't have any proof's regarding the girls and my chatting or any kind of conversations. Now my only concern is her. She cant go against to her parents and her relatives so she decided to write a suicide letter and move to some hidden place for sometime until her husband gets married to someone else . How this will help her to marry me again ? If this was known to Police , will this be a fraud ? Am afraid it is. Any legal approach that I can suggest her to quit that relation ?I mean what proof's can she gather to apply a divorce without her family support. She doesn't have any support from her family and they are not supporting her because they spent lot of money on her marriage . For time being am not making her any calls to her phone or not in touch via mails or fb . She is an educated and was working women before her marriage. Its been 8 months of their marriage now, I cant avoid her totally because am the only hope she has for life. If I leave her , am afraid she will be into some mental depression , As I know her since 3 years. She cant move on with that guy who treats her like an slave.She is contacting me from outside land phones and her father in law has used all vulgar slang to control her like commenting on their family financial status , her character and asked her to sign an affidavit of accepting that mistake is all her's and not her husband. they even told even if husband beats u or abuses u , you have to bare and that's how Indian women should be. Now her father in law asked the girl to server them for one month , like cleaning bathroom and all house hold works and only after he certifies her that she can be a good wife then her husband will book a ticket to her back to US. Should I help her or should I totally stay out of it? I don't think I can as am the only hope she has. Please adivce
Asked 2 years ago
The queryist should understand one thing that no one is fully depended on anyone always. It is because of your constant contacts and assurances that she is unable to decide on what is to be done next. If you have really loved her you should keep away from her married life and her personal life too. All your ideas will not help to solve the problem legally,so dont waste time on such sentimental and get trapped legally after that.This will be good for your future too.
1) you maintain a distance and dont get involved in husband wife tussle
2) at most you can guide her to a lawyer who will advice her on legal steps she can take for ending her marriage
3) if lady was working she should start working again
4) she can file complaint under DV act / 498A against her husband and in laws
5)she can also file for divorce in India or USA
6) divorce in USA would be faster process . and she can obtain share in his assets if she files for divorce in USA
We can't say what happened in next in life? Life is a mixture of sorrows and happy things, love and lust, hot and cold. No one is the final word of any person's life. Partners need not wholly agree on core issues, but if their differences are extreme, conflict is inevitable. This is a life; we can't say we get only happy things.
If she does not like that relationship then she come out from shell and should file divorce case against her husband.
1. Until she gets divorced from her husband she cannot remarry. This would hold true even if her husband remarries someone without divorcing her. So hiding at some place is not the solution.
2. If she wants to get out of the marriage then she should file for divorce. There is no other way out within the periphery of law.