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I was having sex with a married woman in oyo rooms can police


20-Jan-2023 (In Family Law)
I lets suppose... m 24(single)(hindu) and my girlfriend 29(married)muslim(if laws are different for other religion) we are are staying oyo rooms. can police come and harass us for that. or any legal action or they fake case on us for prostitution. any practical answer. as i want to case on that policeman who harass our privacy and our families got to know about affair any help.
Answers (3)

Answer #1
99 votes

In India, consensual sexual activity between two adults is not considered a criminal offence, regardless of their marital status. Private sexual activities between consenting adults are considered to be a personal matter and are protected by privacy rights. Therefore, the police cannot legally intervene in a sexual activity between a man and a married woman, as long as it is consensual and does not involve any form of coercion or exploitation.

It is important to note that extramarital affairs can have social and cultural implications in India, and may be frowned upon by some communities or families. However, from a legal perspective, as long as the sexual activity is consensual and does not violate any laws, the police cannot intervene or take legal action.

Muslim marriages are governed by the Muslim Personal Law (Shariat) Application Act, 1937, which recognizes the validity of extramarital affairs as a ground for divorce, but requires that the husband must have four witnesses to prove the act of adultery.

While extramarital affairs are not a criminal offence in India, they can have legal consequences in terms of divorce proceedings for the Muslim married woman. 

It is important to note that the police are responsible for maintaining law and order, and they have the authority to take action in certain situations. However, they are also bound by the law and must follow due process and respect the rights of citizens. If you feel that your rights have been violated, you have the right to file a complaint and seek justice. You can file a complaint against the police officer with the police department or the State Human Rights Commission, which is responsible for investigating complaints of police misconduct. You can also file a complaint with the National Human Rights Commission, which has the authority to investigate human rights violations by the police.

Answer #2
579 votes
Sir,

The police has no power to raid the premises especialsly if you are booking the same through a reputed company as OYO. In my opinion, you should file a case against the concerned officials for defamation and harassment and also wrongful use of force and their powers which is not permissible under the law. It has to be also shown to the court that they have disturbed your right to privacy and also caused unnecessary harm to your reputation in the family as well as the society.
Hope this helps.

Thanks and Regards
Answer #3
593 votes
Dear Client,

On what ground that police man is harassing you and your friend. And no legal action can be taken against you and your friend. Yes you can file a complaint against that police officer. Dear client for more clarification u can contact me and I m happy to help u.

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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