Advocate Rajeev Surana

Questions Answered by Advocate Rajeev Surana

Q: How to deal with cheating and threatening by my girlfriend.

Dear sir.. I was having a relationship with girl whom i met 3 year before and we have one child now. We are not married. Recently i come to know its her plan to get in relationship with me. She met me with saying she was brahmin. I also now come to know she was already had a divorce earlier and also have one baby with his ex husband. It was all her plan to get me involved with her. Now she is threatening me sating if i dont marry here.. she will do the rape case. Also giving trouble to my parents calling them and saying she will do suicide and make me put in jail for whole life. I dont know how to get out of this situation. Please answer.

Advocate Rajeev Surana answered
January,10,2016: The Supreme Court on Monday said that if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place. Apex Court bench of Chief Justice T.S. Thakur and Justice V. Gopala Gowda made this observation.The Apex court’s said this while hearing a case in which an accused was charged with rape after he failed to marry the girl with whom he had consensual sex on the promise of marrying her.Differentiating consensual sex and rape, the Supreme Court said, “Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.In this case, Trial Court had acquitted the accused from all the charges. On appeal, High Court though did not interfere with the findings of Trial court as regards the offence of rape, convicted the accused under Section 420 and 506 of IPC. The accused preferred appeal in Supreme Court.

Q: Wife not coming to matrimonial house, how to proceed for divorce ?

Sir/madam I was married 3year ago i'm the only son who is having responsibility of my old parents. After marriage only once my wife came to my home after that she is not willing to come in my home nor she is responding me. From last 2 year so many time i and my parents try to bring her back to my home but we are unable to bring her back her family is also not giving responce. so please help me.

Advocate Rajeev Surana answered
FILE DIVORCE PETITION UNDER SECTION 13 of HM ACT BUT IF THERE IS A POSSIBILITY OF FALSE ACCUSATION OF DEMAND OF DOWRY THEN ADOPT SAFETY PROCEDURES RETURN STRIDHAN IF ANY WITH DUE RECEIPTGO FOR FAMILY COUNSELLING AND KEEP A RECORD OF ITRECORD CONVERSATIONS OF ACTUAL DISPUTETHAN FILE A CONTESTED DIVORCE IF MUTUAL NOT POSSIBLE

Q: My brother's wife and her family are blaming us of false allegations

we are hindus.my brother married last year in december. since the first step she took in our home,we have been tolerating her medical conditions which we were kept in dark before hand. she suffers from low blood level, PCOS, constant stomach ache etc.also constant taking to her family, taking care of problems going on there, constantly saying she needs to go there, saying hurtful things to our family members, making death threats if thingd dont go according to her.My brother wants to file for a divorce, what should we do and how to proceed from here.

Advocate Rajeev Surana answered
you need safety procedures against false allegations few quick suggestions are make recordings of actual issue involved get the wife bound under section 107/116 Cr.P.Cfile for divorce and make sure she is served with the notice any false FIR ought to be challenged under section 482 cr.p.c for quashing and stay any jewellery or articles to be returned immediately after taking receipt