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Misuse and False commitments in extra marital affain
1 month ago
If both parties are married and in extra marital relationship , And man do the false commitments and misuse by physically mentally , than what is the next step for lady partner pls help (New Delhi, Delhi)
A.Dear Client,
You can file multiple cases against the person who cheated you with false promises of marriage if you can prove those allegations before the Court. Section 90 of IPC (Section 28 of BNS) and Section 375 of IPC(Section 63 of BNS) are what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Consent given by a victim based on a false assumption would be a violation of Section 375 IPC (Section 63 of BNS) and Section 90 IPC (Section 28 of BNS) respectively. The Supreme Court in the case of State of Uttar Pradesh v. Naushad, 2013 held that the defendant also obtained her consent under Section 90 of the IPC under the erroneous belief that he could marry her. Given the averments of the Apex Court and the given proposition of the relevant law, you need to consult with an Advocate experienced in criminal cases to fight back for justice.
You can file multiple cases against the person who cheated you with false promises of marriage if you can prove those allegations before the Court. Section 90 of IPC (Section 28 of BNS) and Section 375 of IPC(Section 63 of BNS) are what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Consent given by a victim based on a false assumption would be a violation of Section 375 IPC (Section 63 of BNS) and Section 90 IPC (Section 28 of BNS) respectively. The Supreme Court in the case of State of Uttar Pradesh v. Naushad, 2013 held that the defendant also obtained her consent under Section 90 of the IPC under the erroneous belief that he could marry her. Given the averments of the Apex Court and the given proposition of the relevant law, you need to consult with an Advocate experienced in criminal cases to fight back for justice.
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A.Dear client,
The woman has the right to file legal actions for mental and physical harassment, false commitments, and misuse of trust in an extramarital relationship. She can pursue cases under both criminal law and civil law for appropriate relief, including compensation and protection from further harm. Consulting with a legal expert will guide her through the appropriate process based on the specifics of the situation.
If both parties are married and in extra marital relationship , And man do the false commitments and misuse by physically mentally , than what is the next step for lady partner pls help
In a situation where both parties are married but involved in an extramarital relationship, and the man is accused of making false commitments and causing physical and mental harassment to the woman, there are legal steps the woman can take to seek justice. Here’s how she can proceed:
1. Filing a Complaint for Mental and Physical Harassment:
Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides protection to women who are subjected to violence or abuse in a relationship. While this law primarily applies to married women, recent interpretations by courts have extended protection to women in live-in relationships or relationships in the nature of marriage.
The woman can file a complaint under this Act, claiming physical, mental, emotional abuse, or economic exploitation.
She may also seek protection orders, residence orders, monetary relief, and compensation under this Act.
Indian Penal Code (IPC):
Section 498A (Cruelty): Even though this section is commonly applied in marital situations, if the woman can show that she was mentally and physically harassed through false commitments, she can file a case for cruelty.
Section 506 (Criminal Intimidation): If the man has threatened or intimidated the woman, she can file a complaint under this section.
Section 354 (Assault or Use of Criminal Force on a Woman): If the man has used physical force or assaulted her, this section may be applicable.
Section 509 (Outraging Modesty of a Woman): This section can be used if the man has made lewd or indecent remarks that insult the woman’s dignity.
2. File a Complaint for Breach of Trust or Cheating (if applicable):
Section 415 (Cheating) of the IPC: If the woman entered into the relationship based on false promises (e.g., false promises of marriage or commitment), and it can be proven that the man had no intention of fulfilling those promises from the start, she may file a case for cheating.
Section 417 (Cheating and Dishonestly Inducing Delivery of Property): If she has suffered financial loss because of the false commitments made by the man, she can file a case under this section.
Section 420 (Cheating and Dishonestly Inducing Delivery of Property): If money, gifts, or valuable consideration was given under false promises, a case can be made under this section as well.
3. Filing for Compensation:
The woman may seek compensation for mental harassment, financial loss, or physical injury caused by the man's actions.
Under the Domestic Violence Act, she can seek monetary compensation for physical and emotional abuse.
4. Cyber Harassment (if applicable):
Section 67 of the IT Act: If there is any misuse of photographs, videos, or messages through online means (social media, emails, etc.), the woman can file a complaint under the Information Technology Act, 2000.
Section 354D (Stalking): If the man is stalking or harassing her through electronic means (phone calls, texts, emails), she can file a case under Section 354D of the IPC.
5. Seek Legal Aid or Protection from Police:
The woman can file a First Information Report (FIR) at the nearest police station outlining the harassment, abuse, and false promises.
If the woman fears for her safety, she can ask for police protection under the law.
Legal Precautions for the Woman:
Maintain evidence: Any text messages, emails, financial transactions, or witnesses that can show false commitments or harassment should be preserved.
Avoid retaliatory actions: It’s important that the woman does not engage in any unlawful acts in retaliation. Instead, focus on building a legal case.
Follow proper legal channels: Filing formal complaints with the police and seeking legal redress in court will provide her protection under the law.
The woman has the right to file legal actions for mental and physical harassment, false commitments, and misuse of trust in an extramarital relationship. She can pursue cases under both criminal law and civil law for appropriate relief, including compensation and protection from further harm. Consulting with a legal expert will guide her through the appropriate process based on the specifics of the situation.
If both parties are married and in extra marital relationship , And man do the false commitments and misuse by physically mentally , than what is the next step for lady partner pls help
In a situation where both parties are married but involved in an extramarital relationship, and the man is accused of making false commitments and causing physical and mental harassment to the woman, there are legal steps the woman can take to seek justice. Here’s how she can proceed:
1. Filing a Complaint for Mental and Physical Harassment:
Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides protection to women who are subjected to violence or abuse in a relationship. While this law primarily applies to married women, recent interpretations by courts have extended protection to women in live-in relationships or relationships in the nature of marriage.
The woman can file a complaint under this Act, claiming physical, mental, emotional abuse, or economic exploitation.
She may also seek protection orders, residence orders, monetary relief, and compensation under this Act.
Indian Penal Code (IPC):
Section 498A (Cruelty): Even though this section is commonly applied in marital situations, if the woman can show that she was mentally and physically harassed through false commitments, she can file a case for cruelty.
Section 506 (Criminal Intimidation): If the man has threatened or intimidated the woman, she can file a complaint under this section.
Section 354 (Assault or Use of Criminal Force on a Woman): If the man has used physical force or assaulted her, this section may be applicable.
Section 509 (Outraging Modesty of a Woman): This section can be used if the man has made lewd or indecent remarks that insult the woman’s dignity.
2. File a Complaint for Breach of Trust or Cheating (if applicable):
Section 415 (Cheating) of the IPC: If the woman entered into the relationship based on false promises (e.g., false promises of marriage or commitment), and it can be proven that the man had no intention of fulfilling those promises from the start, she may file a case for cheating.
Section 417 (Cheating and Dishonestly Inducing Delivery of Property): If she has suffered financial loss because of the false commitments made by the man, she can file a case under this section.
Section 420 (Cheating and Dishonestly Inducing Delivery of Property): If money, gifts, or valuable consideration was given under false promises, a case can be made under this section as well.
3. Filing for Compensation:
The woman may seek compensation for mental harassment, financial loss, or physical injury caused by the man's actions.
Under the Domestic Violence Act, she can seek monetary compensation for physical and emotional abuse.
4. Cyber Harassment (if applicable):
Section 67 of the IT Act: If there is any misuse of photographs, videos, or messages through online means (social media, emails, etc.), the woman can file a complaint under the Information Technology Act, 2000.
Section 354D (Stalking): If the man is stalking or harassing her through electronic means (phone calls, texts, emails), she can file a case under Section 354D of the IPC.
5. Seek Legal Aid or Protection from Police:
The woman can file a First Information Report (FIR) at the nearest police station outlining the harassment, abuse, and false promises.
If the woman fears for her safety, she can ask for police protection under the law.
Legal Precautions for the Woman:
Maintain evidence: Any text messages, emails, financial transactions, or witnesses that can show false commitments or harassment should be preserved.
Avoid retaliatory actions: It’s important that the woman does not engage in any unlawful acts in retaliation. Instead, focus on building a legal case.
Follow proper legal channels: Filing formal complaints with the police and seeking legal redress in court will provide her protection under the law.
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Share
A.Dear Client,
n a situation where both parties are married and involved in an extramarital relationship, and the man has made false commitments and subjected the woman to physical and mental abuse, the woman has legal rights and remedies she can pursue. Here's how the woman can take steps to protect herself and seek justice:
If the man has physically or mentally abused the woman, she can file a complaint under the Protection of Women from Domestic Violence Act, 2005. Even if the woman is in an extramarital relationship, the law still protects her from abuse.
She can approach the nearest police station or Women’s Helpline and file a First Information Report (FIR) for any acts of physical violence, harassment, or emotional abuse.
She can also seek a protection order, monetary relief, or compensation from the man if the court finds that he has caused harm.
If the man has made false promises (such as promises of marriage or future commitments) and misused the woman for his personal gain or gratification, the woman can take legal action against him for cheating.
The woman can file an FIR
Mental harassment is considered a form of abuse, and the woman can file a case for mental cruelty if the man's actions have caused her emotional distress.
If the woman has suffered financial losses due to the man's actions (such as if he misled her into spending money or providing services), she can file a civil suit for damages and compensation. Consulting with a family lawyer or civil lawyer is advisable to explore the legal options for recovering damages.
The woman should gather all evidence of the man's false promises, messages, calls, or any communication where he misled her or made false commitments. This will strengthen her case, whether she files a complaint with the police or files a civil suit.
Evidence such as messages, emails, witness statements, photographs, or any form of communication will be useful when making a legal claim.
If the woman does not want to pursue legal action immediately but still wants to resolve the issue, she can approach a counselor or mediation center. In some cases, counseling can help both parties understand the emotional and psychological impact of the relationship, though this is only advisable if there has been no significant abuse or harm.
It's important to have a strong emotional support system, whether through family, friends, or professional counselors. The emotional impact of an abusive extramarital relationship can be significant, and having support is essential.
If the relationship has caused more harm than good, and the man has continuously misused and abused the woman, it may be best to end the relationship for her well-being and peace of mind.
If the woman is married, she should carefully consider the impact of the extramarital relationship on her own marriage and family life. If she chooses to reconcile with her spouse, she may need to seek marriage counseling or legal advice to address any marital issues.
Regards
n a situation where both parties are married and involved in an extramarital relationship, and the man has made false commitments and subjected the woman to physical and mental abuse, the woman has legal rights and remedies she can pursue. Here's how the woman can take steps to protect herself and seek justice:
If the man has physically or mentally abused the woman, she can file a complaint under the Protection of Women from Domestic Violence Act, 2005. Even if the woman is in an extramarital relationship, the law still protects her from abuse.
She can approach the nearest police station or Women’s Helpline and file a First Information Report (FIR) for any acts of physical violence, harassment, or emotional abuse.
She can also seek a protection order, monetary relief, or compensation from the man if the court finds that he has caused harm.
If the man has made false promises (such as promises of marriage or future commitments) and misused the woman for his personal gain or gratification, the woman can take legal action against him for cheating.
The woman can file an FIR
Mental harassment is considered a form of abuse, and the woman can file a case for mental cruelty if the man's actions have caused her emotional distress.
If the woman has suffered financial losses due to the man's actions (such as if he misled her into spending money or providing services), she can file a civil suit for damages and compensation. Consulting with a family lawyer or civil lawyer is advisable to explore the legal options for recovering damages.
The woman should gather all evidence of the man's false promises, messages, calls, or any communication where he misled her or made false commitments. This will strengthen her case, whether she files a complaint with the police or files a civil suit.
Evidence such as messages, emails, witness statements, photographs, or any form of communication will be useful when making a legal claim.
If the woman does not want to pursue legal action immediately but still wants to resolve the issue, she can approach a counselor or mediation center. In some cases, counseling can help both parties understand the emotional and psychological impact of the relationship, though this is only advisable if there has been no significant abuse or harm.
It's important to have a strong emotional support system, whether through family, friends, or professional counselors. The emotional impact of an abusive extramarital relationship can be significant, and having support is essential.
If the relationship has caused more harm than good, and the man has continuously misused and abused the woman, it may be best to end the relationship for her well-being and peace of mind.
If the woman is married, she should carefully consider the impact of the extramarital relationship on her own marriage and family life. If she chooses to reconcile with her spouse, she may need to seek marriage counseling or legal advice to address any marital issues.
Regards
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