Breach of promise to marry
veedu
(Querist) 21 January 2014
This query is : Resolved
In India, what is the punishment for breach of promise to marry? What is the evidence we need to submit for promise of marriage?
Advocate. Arunagiri
(Expert) 21 January 2014
See s.420 IPC is applicable for false promise to marry.
But, you said that you had the agreement with the boy. That agreement can be produced as proof for the relationship.
R.K Nanda
(Expert) 21 January 2014
STATE FULL FACTS.
Arvind Singh Chauhan
(Expert) 21 January 2014
Sorry In my opinion, legally such breach is no offence.
I differ with Arunagiri Sir. 420 IPC does not cover it as there is no DELIVERY OF PROPERTY in such case.
Devajyoti Barman
(Expert) 22 January 2014
There is no offence for breach of promise of marriage.
Sometime rape case can be filed if sexual encounter is happened on promise of marriage but nowadays the courts are hesitant to allow such proceedings.
Advocate. Arunagiri
(Expert) 22 January 2014
Mr.Arvind,
In fact what you say is correct, the breach of marriage promise is not an offense at all.
But, I inferred her another query, in which she had stated she lived with the boy for 2 years (ups and down) based on the promise to marry.
Only under the circumstances, I have stated, if a girl lived with a boy for years together, based on the promise of marriage, if that boy refused to marry, definitely it is a cheating.
The Hon'ble SC had held that even if they lived for a single day, on the promise of marriage, if the boy refuses to marry her, it amounts to cheating. Here the word on the promise of marriage is most important.
If the same boy and girl lived together even for years, without a promise of marriage, if the boy refuse to marry her, this will not amount to cheating.
Thanks Mr. Arvind, for pointing out, which made me to give a eloberate reply.
ajay sethi
(Expert) 22 January 2014
state detailed facts of your case .
Arvind Singh Chauhan
(Expert) 22 January 2014
Thanks Arunagiri Sir for correcting me. Sir I urgently, required judgment of SC for a complaint in which I have filed case under SEC 493,496 IPC. Please provide the citation.
Advocate. Arunagiri
(Expert) 22 January 2014
Mr.Arvind,
Please send me, to my email id, more details of the case, I will try to provide the relevant and suitable citation.
Advocate. Arunagiri
(Expert) 22 January 2014
Mr.Arvind,
At present, You may go through the following decisions of the Supreme court.
If you have any doubts, if the citation is not touching your points of your case, come back to me.
Deepak Gulati vs State Of Haryana on 20 May, 2013
This case says having sex on promise of marriage is not rape, but it is an offense under various sections.
Shri Bodhisattwa Gautam vs Miss Subhra Chakraborty on 15 December, 1995
Equivalent citations: 1996 AIR 922, 1996 SCC (1) 490
This directly deals with a false marriage – pregnancy etc. S.493 and 496 IPC
V R SHROFF
(Expert) 22 January 2014
If not exploited her with promise to marry, no offence,
But if abused, yes.
Devajyoti Barman
(Expert) 22 January 2014
Breach of promise to marry is not cheating within the meaning of section 420 IPC.
T. Kalaiselvan, Advocate
(Expert) 23 January 2014
Having consensual sex on the promise of marriage and breaching the same can be termed as an offence under section 417 of IPC
Sudhir Kumar, Advocate
(Expert) 19 October 2014
Such contrast is possible only in day time Hindi serial and Cinema
Sudhir Kumar, Advocate
(Expert) 19 October 2014
repeated
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