• Sexual harassment/any other civil or criminal cases by ex-wife

Hi there,

I am an NRI based in the US, US passport holder. I divorced my wife by Talaq a bayeen. Divorce fully completed one year ago in India and she accepted, settlement deed signed and all formalities fully completed like settlement money given, she signed everything and dd's issued and she enchased the dd's and divorce certificate also obtained from the Qazi.

Now exactly after one year, she planned to trap me. I have blocked her on WhatsApp but because I changed phone etc somehow the number got unblocked. She started the conversation on WhatsApp and general text messages and it went by being friends. I got carried away, she reminded of good times we had etc. She got emotional, crying and somehow managed to convince me to chat. And we met, I got completely trapped in her. We met at a few restaurants for couple of times and a couple of times to oyo hotels(we didn't have sex but just kissed as she said that she was really missing me etc but can't have sex as we were not married). I got fooled by her beauty once again, the way I got fooled in the beginning before marrying her. I didn't promise her to marry or anything, we were still talking like ex-husband and ex-wife. Everything was planned for her side, basically, she took some photos of we meeting and arranged some witnesses like her aunt that we met. She started asking me to marry again as I gave only single talaq e bayeen before, I said I cannot marry her and all this was emotional and I have no intention of marrying her or i promised anything as such. Now after hearing that she appointed a lawyer and want to file some cases on me. She says that I promised to marry her again, I am really surprised at how I became an emotional fool here. Following are my questions 

1) The settlement deed says no cases can be filed by either party etc.
2) I want to know where I stand by falling into this trap and how to come out of it?
3) What kind of false cases can she file on me? Considering our meeting was consensual and mutual?
4) Her lawyer is saying that they will get CCTV recording of where we met etc, considering this was like six months ago? 
5) I am currently away from India but I have plans to travel next month, how will this affect my travel there?
6) Her lawyer is saying that they will file cheating case/sexual harassment case etc
7) Everything was mutual and consensual but nowhere I promised her to marry again. Like we exchanged love messages like gf bf type.
8) Basically, they set up this trap and the whole of her family has been involved in this. She is trying to defame me in my community saying I did this, took her to long drives, hotels etc but she wanted that too it wasn't by force or anything
9) I am thinking of filing counter cases on her, that she is trying to defame me etc. What kind of cases can I file on her?

Please give some useful suggestions and tips please, I am really going through sleepless nights.

Thanks in advance
Regards
Asked 4 years ago in Family Law
Religion: Muslim

12 answers received in 1 day.

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27 Answers

1. Though consensual sex even if done is no crime, the problem lies f it is alleged that sex was performed at false pretext of marriage as o this allegation case of rape can be started.

2. in your case also similar thing may happen at the wrist . However if FIR is registered and you are not arrested then you can get anticipatory bail quite easily.

3. So remain vigilant and once FIR is registered apply for bail.

There is n reason to panic at all nor to succumb at her blackmailing.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1) you did not have any sex with her 

 

2) if you had sex she could have filed case of rape against you 

 

3)merely because settlement deed says no cases can be filed against each other does not mean that ex wife cannot sue you 

 

4) you can be sued if you have committed any offence 

 

5) you did not promise her marriage so no case of cheating is made out 

 

6) you can file counter case of defamation under section 500 of IPC if she has maligned your reputation 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

1) You can file defamation case against her and trapped you in her all false illusions that was recognised by you when she had sent you a legal notice of marriage.

2) Her you can give evidence of not filing case and marriage again as per settlement deed.

3) You can give reply to her notice as per whatever you have narrated above point wise.

4) As per Constitution of India, Article 21- you have rights to live life as per your own wish.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Promise to marry can be rescinded without assigning any reasons. It is not punishable.

2. The clause in the settlement deed which says that no cases can be filed in future by either party will not come to your rescue as it is in the context of the events which had unfolded till the date of execution of settlement deed. If subsequently she gets a cause of action then she can adopt her remedies.

3. In circumstances like these a complaint for rape is mostly filed by women in India to allege that voluntary sexual intercourse was done by the girl after the man promised marriage. Eventually you may be held not guilty by the court but once the FIR gets lodged you have to apply for anticipatory bail and adopt all other remedies under the legal framework.

4. Serve a lawyer's notice to her immediately to warn her to not to communicate with you in any manner. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First you give her a letter stating all the facts chronologically. Further state that you met with her on her requests to maintain some courtesy and to respect her feelings only. During such meeting some emotional feelings might had been developed between us out of our past love and affection to each other, which should not be misunderstood as to begining of any further relationship between us as there was no such intention from my side from the beginning of such meetings.

Send this letter by registered post .

It will serve as a strong defence of any false case against you.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. See as per settlement no cases related to matrimonial dispute can be filed herein she is making a different criminal case here.

2. See in case she register a criminal case or FIR is registered you have to contest same or file a quashing before the high court.

3. See since there is no physical relation and also there is no promise to marry along that no case as such is maintainable you mutually met and meeting is no offence.

4. They are intimidating you based on the CCTV also they cannot file case as she on her will has called you and there is no proof you promised to marry.

5. See in case FIR is there then you have to take permission if condition is imposed to travel back.

6. They are not maintainable as such.

7. If there is no physical relationship and there is no promise to marry you donot have to worry.

8. There are messages to support you defense so you don't have to worry.

9. See you can file a complaint of intimidation before police and can also give her a notice for defamation . 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

(1) to (6) need not worry, the mood and the involvement will damage their case, since it was consensual.

(7) & (8) You did not have intercourse with her, she is not entitled.

(9) Need not file any case against her, if she files any case, you can give reply / counter to the same.

Further, if she is really harassed, she should have filed case for RAPE.

As did not promise to marry her, she is not entitled to.

You are entitled to file defamation case against her.

You can also give reply to her notice (if any) issued by her denying all the allegations.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes its valid

Let her file false case you can contest that. You cant stop her from filing false case. 

Let him have the cctv footage. 

Yes I know you didn't promise but she will take that stand

You can file defamation and false prosecution against her

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Settlement deed not valid for future acts,

You must be having chat, which are mutual, good defense.

Meeting was consensual so no criminal case made out.

No case you can file at present, nether advisable.

Send her legal notice for criminal intimidation and extortion.

Yogendra Singh Rajawat
Advocate, Jaipur
22641 Answers
31 Consultations

4.4 on 5.0

1. Since , the Divorce/Talaq accepted by her by way execution of settlement deed , and further she already received compensation / meher amount before the witnesses  & Qazi, hence she is bound to comply the clauses of the said deed as per law.  

2. You should lodge your complaint in India against her blackmailing activities and apprehension to implicate in false cases in future.. This complaint can be filed by your relative in India on your behalf or you can registered it to the police station and to the higher official.

3. She can file harassment/domestic voilence  , breach of trust,  and maintenance case on the instruction of her lawyer ,  

4. CCTV recording for what ? sex or only meeting , without sex no case made out . 

5. If there is case against you , then you/ralative will be informed by the I.O of the case , and in that eventuality you will have to take anticipatory bail from the Cout. Your travel effect depend upon the nature of cases filed by her . 

6. Yes, she can file such cases , but you will get permission to travel in both of cases , as you having settlement deed singed by her in your support .

7. Only promise to marry without any physical relation is not enough to contitute a case .

8. Dont wait for her case against you. File a complaint against her and family members , as i mentioned above.

9 . Send the copy of the settlement deed and photo copy of DDs to police with the said Complaint.

- Further, You should send a legal notice to her for her blackmailing through lawyer , and on the ground of complaint & legal notice , you can file defamation case against her as well

Dont be confused , you can contact me via phone/kanoon.com as well. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

No its not crime. unless until you are gone to the extent of intercourse without mutual consent.

In your case its just sharing of throughts.so no need to worry. you can file defamation case against her . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The cases for which clause was made in settlement deed is related to matrimonial dispute.

You are in trouble that is for sure but you can come out of it by producing the details of your chats and phone records. 

She can file case of sexual harassment on ground of fake promise to marry again

The should have retained CCTV footage if they have planned to trap you.

It can affect your travel of criminal case is filed against you

You can send her notice for defamation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Concern,

Please note - 

01. In the light of divorce decree already granted and settlement made thereto there is nothing left for her to make a hullabaloo out of that.

However, for your information not only the concept of Triple Talaq has been banned in India but also anything done under the garb of that (Talaq-e-bayeen/ Talaq-a-bain) is also not acknowledged in India now. Besides now as per the new law passed in India, it is a criminal offence. 

Since your decree and settlement came prior to this law and judgement so you are safe on this front as she has also signed on this settlement agreeing thereupon.

02. She can bring a case of sexual harassment in against you saying that you made physical relationship with her on the false pretext of marriage. So to cover up this start recording every communication which comes from her side, her advocates's side, her family side and so on. This way you will be able to safeguard yourself from any false case which they are trying to bring upon you. Remember, evidences are important for any case, if you want to prove your case you need evidence.

03. Based on the evidences collected to safeguard from the false cases which they are alleging to bring upon you you can initially send them a legal notice of harassment and defamation and then based on the same evidence and notice can come up before the court also if they do not stops their activities seeking compensation from them.

04. Based on these evidence you can also bring criminal case against your wife and their allies under section 506 (criminal intimation) of IPC.

  

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

1. You are getting scared unnecessarily.

 

2. Meeting a lady or even kissing her does not force you to marry her.

 

3. You have not committed anything wrong as per Indian Penal Code to be afraid of her ltaking legal action against you.

 

4. It will be prudent on your part to cut of all connections with her and not to give any reply to her messages.

 

5. If she continues to disturb you, lodge a police complaint thatb your ex-wife is disturbing you to trap you in to marriage again.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

Do visit a local police station and lodge a complaint against her. 

you are at the liberty to remarry whenever you want. There is no restriction for remarrying. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No, don't give her much more importance in this case. You can reply to her lawyer's notice that you have already divorced her as per Muslim Law and in front of whole community and had letter with you. And it was well before new amendment of triple talaaq.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. See you are already divorced by court order there is no marital dispute in same.

2. See you can file a police complaint against her and legally.she cannot stop your wedding.

3. No it is not true. Even if you have sex you are.not husband wife. You are divorced.

4. That is based upon there system.

5. You can deny same.

6.no it won't be valid.

7. See cannot reopen already decided divorce case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Concern, 

Please note - 

01. As I told you a marriage once annulled is annulled irrespective of the fact, mode and allegations. So you should not be worried about these things.

02. You can't be compelled to come and agree for any sort of mediation or negotiation for any reason whatsoever. Law is very clear on this issue one can be asked to sit for mediation only when he agrees for it and not otherwise. 

03. Please go ahead and marry the one whom you want without any fear and danger. 

04. Look for an advocate and send a legal notice to your ex-wife asking her to stop defaming you or else you will take appropriate action in against her as per the laws available. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Give one line reply you are not interested to develop any further relationship with her. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. Ignore the fact

2. She can't do anything other than courts order. 

3. The previous divorce can be only set aside by appellate  court. 

4. Let's see if she produces that cctv will contest it. 

6. No

7. She can't

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1) previous divorce would not be invalid if you met your ex wife in restaurants 

 

2) hotels hold recordings of one month or so 

 

3) no need to bow down to blackmail tactics 

Ajay Sethi
Advocate, Mumbai
94738 Answers
7539 Consultations

5.0 on 5.0

1. Her calling you her husband does not make you one.

2. File a complaint to jurisdictional police station against her for criminal intimidation.

3. For an ex couple to sit together in hotels after divorce does not revive the marriage.

 

 

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you had received any legal notice from her lawyer then you issue a reply notice through your own lawyer denying all the allegations made in the notice.

you can also mention that there was no promise made nor there was any intention behind the meeting to marry her or to cheat her and all these are concocted stories created by her.

You dont have to be worried about such notices, if at all she is filing any criminal complaint with the police you can show this reply notice to the police and give a statement to that effect stating that you both were divorced long ago whereas it was she who once again started to move friendly with you, but she had hidden plans to trap you.

After that on the basis of the statement, you can even file a quash petition before high court if the police is still registering a FIR.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Once she had been divorced officially and legally by a talaq and you have a valid talaqnama, you can show the same to the community leader and request them to reject their demand on the basis of the talaq which had been recognised as per the Shariat law.

In fact a divorced Muslim woman canot marry the same  person immediately even if both wanted to marry each other, she may have to marry another male, get divorced from him and then she can marry her original husband.

Without observing this rule, the marriage proposed by her will not be accepted as per Muslim personal law.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

1. For getting married, marriage shall have to be solemnised by performing religious rites and customs and also the said marriage is required to be registered/documented/recorded.

 

2. Mere meeting or kissing her does not cancel the talaq and get your status changed to her husband. This idea is amusingly rubbish.

 

3. Even if you two have had physical relationship after divorce, there would have been no change in your matrimonial status.

 

4. Her Advocate is just scarring you to get some more money from you.

 

5. You can not be forced to marry her again as per any law in the world including Sharia.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

She has trapped you so that she can either marry you or extort money from you. You should sever all contacts with her and do not reply to any of her notices. File a case in the police station and inform the police of her acts before she goes to the police station.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should engage a lawyer who will talk with her and her lawyer. She is blackmailing you and a case must be filed by you for blackmailing. Explain this to your community leader too.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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