• Blackmailing - taking advantage of my fear

i was living in a city. where a lady with her husband and two spouse 1 daughter of 7 years and one son of 5 years living in the same building. now she started trying to make relationship with me. i was also involved in the same since last 3 yrs. i tried several times to come out from this relationship. but she never let me go. she always tried to make me fear that i will lodge a case against you. i am from very poor family and i do not have enough money to fight with them. i decided to leave that place and i talked to land lord that i am now leaving this place because i am reallocating my self from here to some other city. they accepted and i was just packing up my things suddenly both husband and wife came to my room and started slapping me. and the lady blames me that i have raped her since last 3 years. all the neighbors took her side and nobody tried to understand me. police came and i told each and everything then the lady also accepted the same that it was mutually not forcefully. her husband then also told to that lady forgot each and everything and come with me. but she denied and just step away from the home. then i leave that place. but then her husband lodge a case against me that i have raped her wife and kidnapped her with lots of money and jwelery. however this is not the truth. she is already living with him. now please suggest what i need to do.

Please help me. please please.
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu
1. Since the case is filed and if FIR is registered then you have no option but to apply for bail.
2. In cases of this nature you should get bail easily.
3. Thereafter contest the case on merit.
4. If there is prima facie lacunae in her complaint then filing quashing petition in high court after submission of charge sheet is an option.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you have to obtain anticipatory bail from court as FIR of rape had been lodged against you 

2) if you had sex with another man wife without his consent then case of adultery is made out against you 

3) you have to deny that you have taken her money and jewellery and contest her case on merits 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Is there any F I R lodged against you , if so did you get bail. If you did not secure bail immediately apply for anticipatory bail. 

The trial has to be defended. Kidnapping and rape charges are to be disproved. 
Ever relationship with a married woman is adultery under IPC. 
Consensus sex is not raped so you need to prove it as with  consent. 
The statement of the lady is crucial as deposition of the victim is important 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1.Has the husband filed a FIR against you?

2. f yes, then take anticipatory bail first,

3. Contest the case thereafter,

4. Do not worry, nothing can be proved against you,

5. After the case is dismissed, you can file a case against her husband for filing a false case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) dont get operated merely because they threaten you 

2) you can  lodge police complaint of criminal intimidation under section 506 of IPC
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Yes, immediately lodge a complaint of blackmailing and criminal intimidation on the basis of those proofs.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Lodge a police complaint against the lady and her husband for trying to black mail you,

2. Send a copy to the local S.P./D.C.,

3. File an application before the District Judge u/s 156(3) praying for a direction upon the police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
If no case has been lodged then there is nothing you got to fear. You should file a police co,plaint for criminal intimidation against them for threatening to implicate you in false cases and also intimidating you. Mobile recordings are sufficient evidence to launch their prosecution and take it to a logical conclusion.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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First of all if you have decided to leave the place, you should not bother about any threat or external pressures.  If they indulge in any violent act against you, it will  be your  turn  to lodge a  police complaint against them.  
If their  tortures persist, you may give  a  complaint against that lady and her husband about the criminal intimidations and  threats given by them including abetment  to suicide. 
You can even take police protection  to vacate and relocate to some other place if they pose to obstruct your movement.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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