Whether Girlfriend can file any case against Boy Friend if she refuse to marry

Introduction: - 

Relationships is based on emotional and social expectations, particularly during the involvement of marriage. However, legal implications arise when a promise to marry is broken. The query whether a girlfriend can file a case against her boyfriend for refusing to marry comes with various factors, including the nature of the promise, any involvement of deceptive nature, and legal provisions.Through this blog we will exploring the factors surrounding this issue.

Grounds: -

1. False Promise Leading to Sexual Exploitation.
2. Cheating and Fraud.
3. Breach of Contract.
4. Mental Harassment and Emotional Distress under.
5. Dowry-Related Issues.

Provisions: - 

1. IPC, 1860 covers cases where consent for sexual relations was obtained under false promise of marriage.
2. BNS, 2023, specifically criminalizes false promises of marriage leading to sexual relations.
3. Dowry Prohibition Act, 1961.
4. Indian Contract Act, 1872 can also be include.

Case Law: -

1.Pramod Suryabhan Pawar v. State of Maharashtra (2019) – The Supreme Court has addressed that if there is a promise to marry has been made with no intention of fulfillment, it could amount to rape under Section 376 IPC.
2.Naim Ahmed v. State (NCT of Delhi) (2023)* – The honorable court has clarified that not every breach of promise to marry constitutes a criminal offense, determining the gravity of the case and respective situation is necessary to be able to deliver just and fair outcome.

FAQs: -

1.Can a girlfriend file a case if her boyfriend refuses to marry after a long relationship?
A: - Yes, after examining the gravity and severity of the situation including fraudulent conductivity, deception, exploitation etc.

2.Does breaking an engagement comes under legal punishment?
A: - Yes, if financial or emotional harm is caused, civil remedies may be available.

3.Can a girlfriend file a rape case if she had consensual relations based on a promise to marry?
A: - Yes, if the promise was made fraudulently with no intention of fulfillment.

4.What if the boyfriend refuses to marry due to parental pressure?
A: - Girlfriend can file a case when deception or exploitation is involved.

5.Can a girlfriend claim compensation for emotional distress?
A: - Yes, civil damages may be awarded depending on the gravity of the situation, better to take a proper advice from expert Senior Advocate immediately.

6.Is there a time limit for filing a case?
A: - Yes, depending on the nature of the claim (criminal or civil), preferable to take a consultation from an expert Senior Advocate.

7.Can a boyfriend be jailed for refusing to marry?
A: - Yes, only if it involves refusal, fraud, deception, or sexual exploitation etc.

8.Does Indian law recognize breach of promise to marry as a contract violation?
A: - Yes, only in cases where a formal agreement exists between both parties.

9.What should a girlfriend do if she feels cheated?
A: - The best act will be involving the consultation with a legal expert to assess the case and determine the best course of action.

10.What is the need for appointing an advocate during this situation?
A: appointing an advocate is a crucial part to be able to navigate in a proper direction and also to ensure the legal procedure, legal paperwork, for representation, to be able to get help during complex situation and also for physiological support for the victim and their family members.