LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Advise action on a man denied marriage

(Querist) 05 May 2020 This query is : Resolved 
In month of Jan 2020 we learnt about our younger sister's affair.
guy with family visited to us with proposal at 2nd week of Jan 2020.
both family agreed on ring ceremony on Jun 2020, and Nikah on Dec 2020.
we experience sudden lockdown due to coivd 19.
my sister suffered from typhoid during this whole lockdown period, we were unable to hospitalized her since other than tertiary hospitals.
she was in recovery mode and informed us that she had physical relationship with and got pregnant of 12 weeks.
This sudden shock contacted boy and his mother. his mother was very rude and asked us to opt abortion, she will not accept girl with the baby and refused to marry my sister.
his mother states that she is ready for marriage but she do not want this baby, and we should abort the child if we want marriage.
boy is at the same opinion and states that we should follow his mother instructions.

we argue that my sister is week presently and still in recovery mode from typhoid and abortion is threat for her life.
but his mother states that we don't have any option.

please help us
Raj Kumar Makkad (Expert) 05 May 2020
This is not a legal issue rather a humanitarian. It should be settled between both the families. If your sister is pregnant due to her financie under the grab of marriage then they cannot deny to accept your sister with her child in her womb but if the story is otherwise then they have valid reason to refuse for even marriage what to talk of accepting such child. Settle the issue amicably.
irfan (Querist) 06 May 2020
Dear Sir,
His mother is not ready to settle. This is legal issue they breach promise of marriage and left my sister with no option.
irfan (Querist) 06 May 2020
Hope law does not allow simply to make pregnant and left her with no option.
Guest (Expert) 06 May 2020
A Police Complaint in the concerned Police Station and Senior Police Officials would fetch the remedy for your sister.
Rajendra K Goyal (Expert) 06 May 2020
It seems the relation was due to mutual consent.

You have option to settle the matter with the consent of all. It would be a better situation.

Otherwise, If she want, can lodge complaint of rape on the promise of marriage. Discuss with local lawyer.
Raj Kumar Makkad (Expert) 06 May 2020
You have not replies the question raised by me. Whether the would be husband of your sister had established illicit relationship under the grab of the marriage or it was construal?
irfan (Querist) 06 May 2020

@ Raj Kumar Sir Yes her relationship was established by her fiancée and they strongly forcing for abortion.
After sonography Doctor also at the option to get and tried to explain them but they are refusing to except child and girl.
Rajendra K Goyal (Expert) 06 May 2020
In such case police complaint can be lodged.

Supreme Court Of India on 09.04.2019 in the case Anurag Soni Vs. State of Chattisgarh has ruled:

10. It appears that the intention of the accused as per the testimony of PW 1 was, right from the beginning, not honest and he kept on promising that he will marry her, till she became pregnant. This kind of consent obtained by the accused cannot be said to be any consent because she was under a misconception of fact that the accused intends to marry her, therefore, she had submitted to sexual intercourse with him. This fact is also admitted by the accused that he had committed sexual intercourse which is apparent from the testimony of PWs 1, 2 and 3 and before the panchayat of elders of the village. It is more than clear that the accused made a false promise that he would marry her.

12. The sum and substance of the aforesaid decisions would be that if it is established and proved that from the inception the accused who gave the promise to the prosecutrix to marry, did not have any intention to marry and the prosecutrix gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the IPC and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the IPC and can be convicted for the offence under Section 376 of the IPC.
Raj Kumar Makkad (Expert) 06 May 2020
In the given circumstances, you have no other option but to lodge FIR under section 376/506/34 IPC against the finacee of your sister, his mother and all other relatives who are threatening and orcing for the abortion and are denying for marriage without abortion.
Sudhir Kumar, Advocate (Expert) 07 May 2020
Once complaint is made they are likely to understand that 2+2=4. Or else they suffer.
Deekshitulu.V.S.R (Expert) 07 May 2020
Ring ceremony means betrothal which is know half of marriage done. If your sister is very sure of the pregnant through the boy, and sure of the same by DNA test, file a private complaint adding the mother also since she is demanding for abortion, which is yet another crime. This comes under cheating and miscarriage, which are serious offences under IPC. There is lot of law on this issue. Consult an advocate, if not revert back to me, I will give you good decisions.
T. Kalaiselvan, Advocate (Expert) 08 May 2020
If they are stubborn about it and are insisting on her to abort the child, you may take a decision after consulting an experienced doctor about the health wise consequences on her if she opts for abortion.
If the consultant assures her that there wont be a serious problem, and she would be safe then you can discuss within your family members and take a good decision considering her future life which is at stake now.
Or if you opt for legal action through police you may of course get him punished through law but that may not solve her problem.
Her marriage aspirations would be shattered, she may have to manage with her child all alone without his support, because one he is punished he may even refuse to take her in marriage.
Law cannot fore him to marry her against his willingness.
Take a wise decision at right time considering all pros and cons involved in this regard.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Post a Suggestion for LCI Team
Post a Legal Query