Legal Question in Criminal Law in India

cohabitation

My boyfriend and I lived together for

3 years and we have a daughter,

then he cheated and having a new

girlfriend, and he refused to sign on

our daughter's birth certificate

application (he admitted she is his

daughter). In this case, can I sue

him for Indian Penal Code subject to

Section 3, Sec. 415 - Cheating, Sec

493 - Cohabitation caused by a man

deceitfully inducing a belief of lawful

marriage? and can I sue him for the

damage for my life and my child's

life?


Asked on 6/22/09, 11:29 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cohabitation

Yes.

You may also initiate criminal and civil proceedings under the "Protection of Women from Domestic Violence Act".

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Answered on 6/22/09, 11:51 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: cohabitation

Any prosecution depends on presence of essential ingredients of an offence.

If an adult woman lived willingly with an adult man and they had physical relationships etc. then offences indicated by you may not be made out.

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Answered on 6/23/09, 12:31 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: cohabitation

yes, you may sue him both at civl and criminal. you alsong with your daughter can also calim damages/ maintenance from him

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Answered on 6/23/09, 2:22 am
Pranav Desai PD Legal & Associates

Re: cohabitation

Yes to all your questions.

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Answered on 6/23/09, 5:36 am


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