I was in a relationship with a women .she was elder to me and she had tow children and a divorcee and I was unmarried.so after 1 year I broke up with her because my family was not ready to accept her and married another girl,now she put up a case against me citing ipc 493,494,496 and 420,where as all these are false charges,but she has some photographs of me and her together with her and some telephone conversation recorded.now that i am out on bail my family and other people are trying a mutual understanding but problem is she is demanding huge money and a divorce from my current wife. in this regard I have some questions which I need some legal advice for.
1.is it really a crime because the charges she accused me of are totally false.
2.has she got any upper hand in the case because of the photographs and call recordings.
3.what will be my fate in the case eventually. .
4.can I put up a defamation case against her at this moment and charges for blackmailing.
Asked 4 years ago in Criminal Law from Guwahati, Assam
When you know that allegations/charges are false then fight it out strongly after that if her case is dismissed, you may file suit for damages for defaming you.Photograph and calls may not be of great help to her unless same are proved in accordance with law.
Advocate, New Delhi
1. If your second marriage occurred without taking divorce from your first marriage then the charges stands.
3. If it is roved that you married second time without dissolving the first marriage then you would be convicted of the charges of bigamy.
4. No defamation case lies out of criminal complaint.
1. If you had not married her then charges do not stand. Contest her case and prove the falsity thereof.
2. Photographs do lend credence to the case, but they can be questioned in accordance with law.
3. We cannot foretell what will be the outcome of the case. If she succeeds in proving charges then you will face imprisonment. If she fails to prove them then you will be exonerated.
4. No defamation case can be filed against her for filing a complaint against you. Once you are exonerated then you may sue her for defamation.
In the facts narrated by you, 493,494, 496 are not attracted. 376 / 420 IPC could have been attracted if the allegations were that you had sex with her promising to marry her.
If details from fir are given then you could be better advised
Advocate, New Delhi
1. Did you marry her either in temple or in any other way?
2. What photographs and recordings of conversations she has to prove the charges brought against you?
3. Without knowing the full fact, it becomes difficult for the experts to advice properly,
4. You shall have to contest the cases fittingly & if she can prove her charges, then you will go to jail. If she fails to prove her charges, you will be exonerated,
5. If the photographs and the recordings of conversations prove that you have married her or caused to believe her to be married with you, then certainly she will have the advantage in the instant matter.