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Ex-girlfriend threatening to file false case and drag me to court
09-Feb-2023 (In Criminal Law)
My ex-girlfriend is taking revenge on me. She got to know that i was in contact with my previous girlfriend while being in a relationship with her. Now she is threatening to file false case against me and drag to jail. She comes from a influential family. What are my rights and what should i do to protect myself?
She may file a criminal complaint/case against you before police or court u/s 376/493 of IPC for the false promise of marriage and rape, and also criminal complaint about cheating and breach of trust can be filed. It's better to try to solve the matter before friends and sort it out. Even if she files nothing much to worry, just you need to be strong and face the consequences. You have a good defense from a recent judgment of Bombay high court. It will be helpful in defending your case. Hire a lawyer and take assistance.
The Bombay High Court said a promise to marry cannot be considered an inducement in every rape case.
Justice Mridula Bhatkar delivered the judgment in a case filed by a girl accusing her former boyfriend of rape following their break-up.
“In the case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” said Justice Bhatkar
The Bombay High Court said a promise to marry cannot be considered an inducement in every rape case.
Justice Mridula Bhatkar delivered the judgment in a case filed by a girl accusing her former boyfriend of rape following their break-up.
“In the case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” said Justice Bhatkar
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Adv. Mirza Faizan Assad
Bangalore | 25+ Answers
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Can a man file case for mental harassment?
Its unfair that men are not protected from matrimonial injustice by any laws, while women enjoy a number of protections. Many men are subjected to mental harassment and cruelty by their wives. There is nothing they can do. 10-May-2023
Can I file a case against my girlfriend for not marrying?
It is the burden of proof on the person alleging the violation of the promise. A breach of promise is not a crime under the Indian Penal Code. Therefore, cheating cant be charged as a crime for a breach of marriage promise.
Can I file a complaint for mental harassment?
Anyone can file a legal complaint if you believe that the person who has been wronged is suffering from a mental disorder. This includes her parents, her friends, her relatives, or her caretaker.
What to do if someone harasses you mentally?
Every citizen has the right to dignity. If you have been the victim of mental harassment or abuse, report it to the police as soon as possible.
Hello.
U should immediately file a complaint to the local police station about the threats given to u by her and the apprehension that she may file a complaint against u and involve u in false case.
Also get the complaint drafted by a good lawyer or else u might land up behind bars as per the prevailing laws of the land.
Regards
U should immediately file a complaint to the local police station about the threats given to u by her and the apprehension that she may file a complaint against u and involve u in false case.
Also get the complaint drafted by a good lawyer or else u might land up behind bars as per the prevailing laws of the land.
Regards
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Adv. Vinit Vinod Jain
Mumbai | 25+ Answers
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I would like to have more information on this matter since a host of info you have shared is neither possible to understand nor does it make sense. Do check my mail in sometime and let's take it from there so we get to a closure. Hence, please find my email and act accordingly.
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Adv. Krishnan Balakrishnan Nair
Pune | 100+ Answers
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1- false case may land her in jail .
2- you have right to be silent and not answer anyone including police against your will
3- right of bail
4- right to file complaint against opposite party
5- right to claim compensation for defamation , false complaint ...etc
2- you have right to be silent and not answer anyone including police against your will
3- right of bail
4- right to file complaint against opposite party
5- right to claim compensation for defamation , false complaint ...etc
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Adv. Avinash Jagannath Pawar
Mumbai | 25+ Answers
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Hello, as per laws for women the possibility of being framed in a case is high. It all depends upon what kind of case she is planning to drag you in. But you need not worry as still it is not been filed against you. But you need to take certain precautions which will help you to counter any false case against you. Kindly consult for further details.
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Adv. Rohit Beaspal
Jaipur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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