• Can a SC lady sue me for being her husband friend?

I have a male friend and his wife is an SC caste lady. She has filed a complaint in PS stating I am having an affair with her husband. But no we are just friends. Now she is blackmailing me that she will sue me at any cost. She wants to come to my office and file a complaint against me. I am really scared. Being a SC lady Police says she has special rights. I don't understand what to do. Plz give suggestions.
Asked 5 years ago in Civil Law

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19 Answers

Burden of proof is upon lady to prove allegations made in complaint 

 

2) adultery is no longer an offence 

 

3) record all threats received from her 

 

4) refuse to meet her alone 

 

5) in case any false complaint is filed apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

She can't do anything wd u.. As it is already stated that every husband and wife may have an affair and frends too... No one can file a case dun worry

Roshan Khatri
Advocate, LUCKNOW
138 Answers

You can prove that her husband is just a office colleague and not more than that for time being you shouldn't spend time with her husband.

 

And any false allegations you can ask what proof she has against you and her husband.

 

As per the Indian Constitution Act, there are fundamental rights that person can live his or her life freely. So Freedom to Life are there in India so you have right to speak.


The right to life is undoubtedly the most fundamental of all rights. ... Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No on the aforesaid facts shr can't sue her. An sc only sue if you demean her way sc otherwise no

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

No worries about the situation. 

It is true that SC Act is draconian Act but there is proper process to apply the Act against the culprit. 

It appears from the facts of your case that you have a freind who is a husband of S C woman is not crime under SC and S T Act.

Therefore No problem from such threats from the lady.

You may file a written complaint  to Police against that lady of her threats to entangle you in a false complaint and CC to ACP/ Dy. S P and S P of District. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Do not worry as even if you have affair with her husband then also no case lies against him.

2. Due to recent decisions of the Supreme Court there is stoppage of abuse of the SC and ST Act and more over  even if the case is filed you can get a chance to apply for anticipatory bail.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Having extra marital affairs itself is not a crime. 

Whether she belongs to SC community or other community,  her complaint in this regard against you is not maintainable. 

Don't be frightened by her gimmicks. 

You can challenge them in the trial proceedings if at any false case is filed. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

She doesn't have any special rights. She cannot sue you as adultery is not an offence.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. if you are not having an affair with her husband, then broke all relations with him and ask the lady that from now onwards you will not interfere in their life in any manner,or ask her husband, who is your friend to tackle the matter,

2. legally, you can file a police complaint against her about threats, harassment, etc.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Having relationship with a married man is not a crime now if both the parties are agree for this kind of relationship the wife had the opportunity to go for filing the divorce on the basis of adultery by the husband.

You need to be afraid . There is nothing criminal for this.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Don't get afraid she can do nothing.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir/Madam,

You are suggested to file the suit of the defamation against her and she will be treated by law accordingly. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

She dont have any special rights. You may record her activities and file counter case against her.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Having affair with a married person is not a crime neither SC act provides any special releif to SC women in such matters.

Police is faking and cannot register any complaint neither can ask you. Just avoide.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. She cannot file case against you for just having friendship wtih her husband.

2. But she can use her influence for Filing false cases against you under SC ST act. 

3. So you need to be careful whenever she tries to confront you.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

What proof she has first see this, friendship is not banned either SC or non SC so simply she is blackmailing you so you please lodge a complaint with the police for blackmailing by name, if she uses mobile then with the cyber cell of the police department,the question you say she can come to your office then get receive a copy of the complaint to your office authorities.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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.

- Hence that SC lady cannot file a compliant against you on this ground , except that she can file a divorce petition against her husband. 

- Abusing or defaming a SC is an office and not having relationship . 

- If she trying to create a problem for you , then lodge a complaint against her before the police and higher official for threatening and blackmailing. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

her complaint is not maintainable. 

if she threatens you to defame or falsely drag you and your family to court, you can file a counter case of defamation under Section 500 of IPC

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Move away from that your Male Friend. On moral grounds also you have to step back that your friend's marriage is at a danger due to you. So move back. SC lady donot have any kind of special right in law. So don't worry. 

Having an affiar with her husband is not a criminal offence. It can only be ground for divorce. So, don't worry 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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