False promise of marriage filed on me by a married women

646 votes

From the facts stated, the relationship appears to be consensual between two adults. The woman was already legally married and not divorced; hence, any alleged promise of marriage is legally untenable. In such circumstances, an offence under Section 376 IPC/65BNS on false promise of marriage is generally not made out, as there can be no valid misconception of fact. Similarly, Sections 417/420 IPC or 318bns require dishonest intention from the beginning, which is usually absent in consensual relationships. Adultery has been decriminalised by the Supreme Court in Joseph Shine v. Union of India (2018). If an FIR is registered, the petitioner should immediately seek anticipatory bail under Section 438 CrPC /482 bnss and, if required, approach the High Court under Section 482 CrPC /528 bnss for quashing, relying on the consensual nature and subsisting marriage of the complainant. Preserve chats and call records to show consent. Regarding termination during probation, though a probationer has limited protection, if discharge is stigmatic or solely based on an unproven complaint, it can be challenged by representation and, if necessary, by a writ petition before the High Court as per service rules. Engage a competent criminal lawyer and avoid any contact with the complainant.

Advocate Enagurthi Yadagiri LawRato

648 votes

you yourself agreeing that you had extramarital affair with a married woman,what does that mean??? again you are saying you have not done it . there is always a reamdy for it contact a good advocate he will save you.

Advocate Katla Vijaykumar LawRato

534 votes

According to your question there are have sufficient legal remidies. If you want I’ll assist you in this case. Come to my office will discuss all further issues. If you want I’ll accompany with you in this issue. No need to worry

Advocate Rajesh Kongali LawRato

837 votes

If an FIR is filed, you may approach the High Court under Section 482 CrPC / Section 528 BNS seeking quashing on the following grounds: No Deception: She was aware of her own marital status; hence, there was no deceitful inducement. Abuse of Process: The complaint appears to be motivated by vengeance or filed as an afterthought after a dispute. No Prima Facie Offence: Even if the allegations are accepted as true, no offence is made out, since a promise to marry a married person has no legal recognition.

Advocate Raviteja Sharma LawRato