Cheating with promise of marriage
Rajyasree
(Querist) 04 March 2015
This query is : Resolved
Hi sir/mam i am 23 year old lady who was in relationship for 2 year with a man who is now 34 year old and is not married. This guy had made promise of marriage to me and we were in physical relationship. He also said to my parents that he will marry me but need some time due to financial issues after my parents got to know about our relationship. He cheated me for 8 months saying he left to Kuwait for job and he have ended all types of communication after 2 months from the date he said he is leaving to Kuwait. I could realise that he is India itself but did not know his contact details so i approached police and with police help went to his sister's place
Rajyasree
(Querist) 04 March 2015
contd- And due to police involvement i could trace him and he came to Police station where he said he do not want to marry me. After making multiple efforts even he said he do not want to marry me so i filed a case on him under section IPC 420 and 417. He was remanded then got condition bail where he have to visit police station once in a week. Now my concern is will i get justice from court? i want him to marry me as my life will be ruined if he did not marry me. what will happen in my case? please help
P. Venu
(Expert) 04 March 2015
The information furnished do not satisfy the ingredients of the offences under 417 & 420 IPC.
Why do you want cling on to mistake of the past? The world is wide open.
Devajyoti Barman
(Expert) 04 March 2015
Yes, no case of cheating lies and the case is likely to be quashed by high court. Rather c0mplaint of sex on promise of marriage which amounts to rape could have been made.
Kappil Cchandna
(Expert) 04 March 2015
Dear,,
You cannot force anyone to get married with you .... But yes you can avail the legal remedies available and I agree with Devajyoti's reply .... But in rape case as well there are many things which need to be looked and into and the imp. Of all is the intention of the boy since the beginning .....
Kapil Chandna Adv 9899011450
Guest
(Expert) 04 March 2015
Burden of proof would lie on you.
Rajendra K Goyal
(Expert) 04 March 2015
Case of cheating may not be proved in given circumstances. Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 04 March 2015
once you file criminal complaint against him he would never marry you , even if he marries too the marriage under coercion wont last .
R.K Nanda
(Expert) 04 March 2015
agree with experts.
Guest
(Expert) 04 March 2015
Even if you compel him to marry you, marriage with coercion never longs last.
Rajyasree
(Querist) 04 March 2015
Why my case will be quashed and how come it is not cheating? i have evidence of our email chat conversations, his emails to my parents,photos. how do i produce a proof of our physical relationship, DNA test cannot be done now? If IPC 420, 417 are not applicable then which section is applicable to my situation? the trial have not begin yet is there a possibility to modify case as if IPC 420, 417 are not applicable? i am suffering each moment for what he have done and i know i have to till i die a mark on my character have fallen i does not have future no other guy will even think to marry a lady who is used by someone else.
Rajyasree
(Querist) 04 March 2015
How come he cannot marry me when he made a promise before and was involved sexually? i want him to do justice to me by marrying me or else he have to be punished with conviction why my case will be quashed i need help because i am woman i have to suffer and he being man can live happily?
Guest
(Expert) 04 March 2015
Did he give you a written promise?
Marriage can be with his consent, not under compulsion, if you don't have any proof of his promise.
Cheating has to be proved to the satisfaction of the judge of the case.
So, help by anyone is dependant upon the favourable evidence in your possession.
Rajyasree
(Querist) 04 March 2015
This is what he said and he would always say "We will get married in next year" does this statement serve as a written promise which he made to me? i love him i tried to die even because i cannot live without him. from the day case was filed till this moment im living with only one thought how could he cheat me. i never thought i will file a case on him! please tell me which section is appropriate if 420, 417 is not the right one please
Guest
(Expert) 04 March 2015
Advised enough. You are just stretching the thread unduly.
Of course, from undue stretch of the thread on your part, what I guess now is that it is merely your academic query, not a real problem, but you are trying to give a it a colour of a problem.
However, you can try your luck if you has the capability to prove his verbal promise as his written promise.
BEST OF LUCK!
Rajyasree
(Querist) 04 March 2015
Sorry Mr. PS Dhingra it is a real incident the case was filed in Dec 2014 and i am not adding colour to it nor i am a law student but sad to get such response from you in this portal. it is not trying luck i will fight for justice which i deserve. putting a query here i got a certain view. i chose this portal coz i have less resources to access direct legal advice so i have to ask so many questions. well thanks a ton
Guest
(Expert) 04 March 2015
Even if case has already been filed in Dec. 2014, I have already stated, you may try your luck to prove the verbal statement as a written statement.
Rajyasree
(Querist) 04 March 2015
Yes sir thanks again
Dr J C Vashista
(Expert) 05 March 2015
1. You have adequately been advised by the experts, I agree and there is no room left to add at this stage.
2. In the given circumstances you cannot compel the accused to marry and stay with you as your husband.
3. For such persons promises are made to be broken, noting new.
4. Try and get section 376 IPC added in the charge against him.
5. Forget his relation with you and start your life afresh and get married/settled with "some" other guy, the world does not end with this person.
6. You are equally responsible for present circumstances for consented physical relation with him, note it and proceed the way you like.
7. Contact, engage and consult a local lawyer.
Devajyoti Barman
(Expert) 05 March 2015
I may repeat no case for cheating u/s 420 IPC lies in this circumstance.
SAINATH DEVALLA
(Expert) 05 March 2015
Dear querist,
Both of U are fault as far as the physical relationship is concerned. Everything happened with the concurrence of each in other. Hence UR case is not maintainable in court and after adjournments after adjournments ultimately U may not get the desired justice. As per UR entire query it is clearly understood that he has maintained relationship with U with an ulterior motive.My sincere advice is to lead a new life forgetting the past.All the experts have expressed their views legally.Nothing new need be added.
T. Kalaiselvan, Advocate
(Expert) 07 March 2015
If the consensual sex was on the promise of marriage and he withdrew from his promise later on some flimsy or false grounds, he is liable to be punished under the provisions of section 417 of IPC. You can very well proceed with the case without compromise, however bear it in mind hat you cannot force him to marry you at any point of time, even if he is forced, he may not live the desired life with you and it may not last long as well.
SAINATH DEVALLA
(Expert) 07 March 2015
He can be punished under various sections of CRPC for his act,but he cannot be compelled to marry U.If U want to teach him a lesson and take revenge, so that he will not behave in the same manner with other women in future, see that he gets the punishment in the court of law.
Sudhir Kumar, Advocate
(Expert) 01 June 2016
opened new thread
http://www.lawyersclubindia.com/experts/I-have-two-questions-related-to-my-case--595631.asp
Sudhir Kumar, Advocate
(Expert) 01 June 2016
also advised at
http://www.lawyersclubindia.com/experts/cross-examination-591581.asp
SAINATH DEVALLA
(Expert) 01 June 2016
Playing with the valuable time of the legal experts.
