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Shilpa Jadon
in Criminal Law Family Law
Asked September 18, 2017

Girl and a boy living together without divorce from first marriage

  • 2 Answers
  • 1100 Views

My friend was staying with a girl in Hyderabad for 8-9 months. The girl was already married and left her husband before 4 years without divorce my friend is married but he hided with her. As she came to know she left him and my friend has filed a divorce case for his first marriage but it is still pending.Between there relationship the girl got pregnant and aborted child with mutual concern.My friend called her to Hyderabad to settled the matter and they had a fight at that time. During this time the girl went and filed a police complaint. The police booked him for IPC 312,323,343, 376 and 420 and arrested Immediately. My friend is Muslim and that girl is Hindu and he tied a note as per Hindu culture and that marriage is not registered. That girl is from Delhi so she get back there after giving some medical tests. Now it's being 20 days my friend is under jail for remand. Girl has given all the information and police has recorded everything at that time now is it possible that we convince a girl to withdraw the case because in front of magistrate she has to give the statement. Is there any other way that he can come out ???Can u please guide us how to move forward and when police take him to the court it's already 20 days has been past. ‌

Answers 2

Dear Client, 

In such kind of senario, you first need to move a bail application in the respective court of law. The matter would be decided later on merit at the stage of trial. Presently, try to come out of jail and for that you have to move a bail application.

Agree Comment 0 Agrees over 3 years ago

 

 

 

Dear Sir/madam,

The best possible solution in these types of cases is the out of court settlement (meaning that she withdraws the case from court) because the charges levelled against you friend are serious. And most of it, depends upon the statement to be given by the girl in court.

Proving the case in court might get difficult because the girl was obviously deceived – to say the least. The relationship, whatever established was based on false facts created by the friend. Even if she got pregnant and aborted the child by the mutual consent  of both the parties, she did it under the pretext of the person.

If you are of the opinion that the charges levelled against you are totally baseless then Your friend can also file an application for quasing of F.I.R (to reject it or amend the charges) under section 482 of the Criminal Procedure Code.

Agree Comment 0 Agrees over 3 years ago

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