Promising for marriage & then avoiding
Pradeep
(Querist) 20 July 2014
This query is : Resolved
I was in love with a girl of age 17.4years for more than year. My age is 26.6years. I had sent message like i will marry her. We have shared some vulgar messages also. But due to my parents not accepting this now i want to end relationship of girl & the girl family is very harsh so now i do not want to marry also. The girl family is telling they will file FIR for avoiding her. Pl suggest how i can be legally ready.
Devajyoti Barman
(Expert) 20 July 2014
No offence will be committed if you do not marry her.
Marriage under coercion never works.
Raj Kumar Makkad
(Expert) 20 July 2014
The pressure tactics shall not work if you have not done anything wrong.
Pradeep
(Querist) 21 July 2014
Girl family is telling they will file case for cheating(promising marriage & avoiding her). They have text messages as proof. We have not done any physical but shared sex intercourse type text messages. What type of cases they can file? How i have to be ready to face? Girl also tried suicide by drinking poison & stayed in hospital for a week.
P. Venu 
(Expert) 21 July 2014
From the facts stated, no action lies, civil or criminal. And no prudent parent will put at stake the reputation of their daughter.
Raj Kumar Makkad
(Expert) 21 July 2014
Though th girl has sufficient material to initiate criminal action against you but this is more wrong to accept the proposal of marriage just under the grab of such action.
Rajendra K Goyal
(Expert) 21 July 2014
you have promised and do not want to fulfill.
You have shared vulgar language with a minor girl with wrong promise of marriage.
Now if you marry under pressure, marriage may not succeed.
The family of girl has enough proof to proceed against you. If they prefer to proceed you have to face music for your wrong act with a minor.
You have bent under the pressure of your parents and now want escape root.
Amicable solution is better way.
Guest
(Expert) 21 July 2014
I think you are concealing some cruscial fact, if you had sexual relationship with the girl. If that be true you may have to bear with the heavy cost, if FIR is filed against you, as the case can be termed as rape against the girl.
ajay sethi
(Expert) 21 July 2014
you did not have sex under promise of marriage . hence no case of rape is made out
Nadeem Qureshi
(Expert) 21 July 2014
Dear Querist
as per your information if there is no physical relation between you and her then you can not be prosecuted for rape but she or her parents may file a criminal case for abatement of suicide and cheating against you.
Feel Free to Call
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
If you have had physical relationship with her under the promise of marriage and now want to escape the liability by breaking the promise, you can be booked u/s 417 of IPC for the offences of cheating. Besides call recordings, if she is subjected to medical examination and confirmed about your physical relationship, you may have to work out to defend yourself accordingly.
Pradeep
(Querist) 24 July 2014
If they file a case of cheating of their daughter & then during enquiry I inform that I am ready to marry their daughter then no case will be filed? I am working in a private mnc if any case filed whether it will affect my job or going to foreign? Whether the mentioned section u/s 417 can be get anticipatory bail? If i get anticipatory bail from high court it will be valid for how many days?
Raj Kumar Makkad
(Expert) 24 July 2014
Nothing can be said whether those shall file case against you or not even if you marry his daughter. Your career in private mnc may also get affected but the chances of foreign visit shall not affect due to that case. Anticipatory bail can also be allowed to you which shall be vapid till you get regular bail if no other order is pronounced therein.
Pradeep
(Querist) 13 September 2014
The girl is threatening that she will suicide if i not reply her. When i informed her mother about this type of attitude of girl, she is shouting and not responding. I am really fed up with this and reply atleast for escape the situation. My friend suggesting to send a lawyer notice about the girl attitude and its making me very depressed like that. Please help how to proceed with this and whether it will be atleast save me if she do any harm to herself?
Raj Kumar Makkad
(Expert) 13 September 2014
You should file a petition in the family court stating entire facts therein. Engage a local lawyer and move ahead.
P. Venu
(Expert) 14 September 2014
With due apologies to the Senior Expert Mr.Makkad, the queriest has no matrimonial ties with the girl. Family court has no jurisdiction to entertain petition, as suggested.
In fact, there are no facts involved. Mere apprehensions and fears, or assumptions and presumptions do not constitute facts, much less a cause of action.
Pradeep
(Querist) 14 September 2014
Yes sir, it is fear. I am very much depressed and unable to take decision of whether going ahead with marriage or moving away from her, since I am fearing this threatening may continue in future life. I am fearing if I say no to this relation then they will threaten me. So I am confused how to approach legally if anything like police complaint or suicide attempt done by them?
Devajyoti Barman
(Expert) 14 September 2014
after one month you fell the urgency.
Raj Kumar Makkad
(Expert) 14 September 2014
I didn't go through the query in depth and replied it hasty without going through the contents of the query. You need not to worry at this stage if she threatens to commit suicide.
