Cheated in the name of promise to marraige
xyz1234567
(Querist) 18 May 2012
This query is : Resolved
Hi , I am divorce, i want ur legal advice,
My marriage was very short spanned
Now i am working as a doc in new delhi , i am now settled, with my 4 year old daughter. but last year i felt i can also try for second marriage , so i registerd in matrimony, there i got a request from awaiting divorcee though initially i was not interested , after he called me for few times and then talked he seemd to be a trustable , but from then on i started facing problem . after few days of talking we started becoming closer and had physical relation,after which i got to know that he was womanizer, now i want to jail him, please let me know how i can proceed in this.
Nadeem Qureshi
(Expert) 18 May 2012
Dear Girija
You can file a criminal case against him for fraud and rape u/s 376 and 420 Of IPC.
Adv.R.P.Chugh
(Expert) 18 May 2012
Dear Querist,
1. You gave consent to sexual intercourse under a false promise of marriage (obviously after divorce), hence your consent was under a misconception of fact and hence vitiated - You can file a Rape Case against him.
2. It is a clear case of civil remedy for breach of contract of marriage.
3. It is also cheating emphatically not u/s 420 (no property was delievered) it is a lesser variant of cheating i.e u/s 417 IPC.
Regards,
Bharat
Advocate
Ashok Yadav
(Expert) 18 May 2012
I am agree with Adv. Bharat, you can file complaint to police against him and if police does not react you should file criminal complaint in court u/s156 (3) of Cr.P.C.
R.K Nanda
(Expert) 18 May 2012
I agree with expert Bharat Chugh.
ajay sethi
(Expert) 18 May 2012
vindictive attitude and desire for revenge can be counter productive .
if you file case for rape you will keep on running around courts for some years .
it is true that your fiancee has behaved very badly and betrayed your trust . instead of filing case against him i suggest you contact
his wife and spill the beans .let her handle her husband . in case necessary you can give evidence in court for any case filed by his wife
Shonee Kapoor
(Expert) 18 May 2012
No case of divorce is made out.
Rescinding from promise to marry is no ground for charging a man with Rape,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
xyz1234567
(Querist) 18 May 2012
Nadeem sir can u please take my name out from your post, coz he would be visiting this forunm and he can become cautious and it might effect my case.............i would be greatful to u please can u do it as soon as possible
xyz1234567
(Querist) 18 May 2012
Hello sir's,
Thanks for all ur reply,
K.K.Ganguly
(Expert) 18 May 2012
There are several decisions passed recently in similar type of incidences.
He has induced you in having s*x with him by promising marriage with you. Now if he does not marry you or found that he has given false promise to you regarding marriage then his having s*x with you will be treated as rape and will be punished accordingly.
Contact a local lawyer and file a case for rape & cheating against him.
However, please note that being an womaniser is hard to define and is no crime to be punished.So, avoid trying that allegation as it will be difficult to prove.
PARTHA P BORBORA
(Expert) 19 May 2012
In my opinion you should not go for a revenge as you are a concentee. Just forget it and don't waste your valuable time for this type of dispute.
mahendrakumar
(Expert) 19 May 2012
how can you prove that he had sex with you at this stage?
thank god,at least you could realise his true colour earlier.
further,you cannot blame him alone.
Dr V. Nageswara Rao
(Expert) 19 May 2012
1. Promise to marry as a reason for consensual sex has been held by Supreme Court not to be a misconception of fact.See, Uday v. Karnataka, 2003 (4) SCC 46; and Emperor v. Soma, 36 Ind Cas 850 : 18 Cri LJ 18 (Lah.
2. A lady ought to take care to check a man's antecednts before and not after going to the extent of having sexual relations.
3. If the man is already married, such relations will amount to civil adultery and willl be a ground for divorce by his wife.
PARTHA P BORBORA
(Expert) 19 May 2012
In my opinion you may file a case and if your lawyer is intelligent enough, a criminal court may issue summons against your Mr. X. But, how far my knowledge goes your case can not stand against a simple revision filed by a skilled lawyer. So, you should not wast your valuable time against such kind of dispute with a man having no dignity and respect. You should thanik for your own good, your adorable daughter. You should try to findout a new desent and trustworthy husband full of love for you and a perfect step father for your little angel. YOU should personally visit a professional ,ther are a lot of local agencies there. There is always a next time sister. Good luck in advance.
ashutosh mishra
(Expert) 19 May 2012
Dear xyz1234567!
It could have been better had you named yourself abc1234567.
What i notice from your sentence"there i got a request from awaiting divorcee though initially i was not interested "That my brother en at bar have lost site of your this sentence while suggesting you remedies.
To have a case against him does not sound so finely as is being tuned by some of us.
SAINATH DEVALLA
(Expert) 19 May 2012
Dear Querist,
I am forced to use the proverb"ONCE BITTEN TWICE SHY".Once you had a failed marriage,how did you believe another person and get physically attracted.No of experts have wisely given their versions.Now it is your turn to engage an experienced lawyer,if you wish to succed in your attempt to teach your fiancee a fitting lesson.Good Luck.
SECTION 417 IPC is the best option:
Section 417. Punishment for cheating
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court
