- Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Further, Supreme Court has held that rape charge cannot be invoked in case of consensual sex between ive-in partners
- Since, the said girl is black mailing your brother in law , in the garb of relationship, hence her such act is against the law.
- He should lodge a complaint/information with police for his safety against her for extortion under section 384 of IPC, and for threatening to implicate in false cases.
- However, as per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.
- Further, As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Hence, if she shows a certificate of marriage , then the said marriage with her without getting divorce from the first wife is not valid .
- Further , since the second marriage is not a valid marriage , hence as per law she cannot be called a wife, except a consensual relationship, for which no rape case made out now.