Legal action on promise of marriage
Xboyfriend
(Querist) 14 June 2013
This query is : Resolved
Hello all,
I would like to know if a girl of age 24 is willingly having sex with a boy of 25years for 3years in a 4year long relationship, in which 2years was partly live in relationship because girl stayed alone in boys house during major time of the day. Boy promises to marry her in beginning with an intention to marry but later in time he discovers that girl had 4 time pass boyfriends out of which 1 was a complete physical relationship. Also she had decided to marry her physical relationship time pass partner. Which finally didn't worked out and came back to boy. Knowing all this boy had forgiven her for what she did and decided not to marry her and just be friends as they were studying together in same college. But girl kept threatening boy of suicide, cheating and sexual exploitation and importantly threatening to kill boy with a kitchen knife. Having faced all this boy with consult of his parents decided to leave girl without her notice. Until before leaving the girl, the boy acted all lovely and had sexual intercourse as and when she wished. Because denial of offering sex and emotional attachment would lead to threatening of suicide, police complaints, especially threatening to kill boy. To escape all this and trying to stay alive, boy enacted of being in love relationship with no intention to marry or love the girl anymore as there is no trust or emotional feeling from boy to girl.
Will the boy be liable of any legal action if girl try to file a case of cheating, rape, sexual exploitation or if she commits suicide or if she would have become pregnant after boy leaving girl without any notice?
Raj Kumar Makkad
(Expert) 15 June 2013
The boys is guilty of rape, exploitation, fraud etc. in the given matter and the girl can definitely file cases against him.
prabhakar singh
(Expert) 15 June 2013
If girl decides she can charge boy of offences boy is apprehending.
However the only silverline i notice in given facts is that girl has been addict to sexual intercourse with many men,proving which her charges may turn false;and such a prove is possible by medical examination.
ajay sethi
(Expert) 15 June 2013
if the girl friend has evidence in form of sms and emails exchanged by boy wherein he promised to marry her and later refused to do so then girl would be justifed in filing case of rape ,against him . if boy is bale to prove that girl had many boy friends and was in sexual relation ship with others he may be able to justify not marrying her .
Xboyfriend
(Querist) 15 June 2013
Thanks all of you.
Xboyfriend
(Querist) 15 June 2013
That's really helpful. But can boy just prove that girl had physical relationship with her time pass partner, and it is for this he decided to leave her. Which is morally correct. But what legal laws have to say on that?
Also I forgot to mention that girl is having partly split personality in her which spokes to her and make her do terrible things(hurt others badly). Boy didn't knew about this before, but after they started to live in together he knew this psychological problem that she has. Boy has saved SMS messages admitting that she has serious psychological problem of depression and every night she wished if she could commit suicide for no reason. Also refused to see doctor for her depression problem. This will not be accepted by boys family and boy decided to not marry girl. Will this save boy from legal problem?
Also will boy be held if girl would have had got pregnant when boy didn't wish to marry her anymore?
It's really complicated. But can boy by any chance escape from legal punishment? Can you please help?
Dr. Jyothi Vishwanath
(Expert) 15 June 2013
The girl can file cases against the boy. If something happens to her, even in that case, criminal cases can be lodged the boy. The boy can also be made liable as he may be using the girl for his desires and now making excuses to avoid marrying her. all depends on how he proves that she had affairs with others and her split personality. it is easy to say anything, all depends how the boy proves all what he says in court.
ajay sethi
(Expert) 15 June 2013
boy will have to face the consequences of hos actions . if girl is pregnant with his child he cannot wash hands of the affir and refuse to marry her . he has used her all these months . rather than ditching the girl he should encourage her to seek psychiatrsit help . agree to marry her if she takes treatment fo her depression .
Nadeem Qureshi
(Expert) 16 June 2013
Dear Querist
recently Delhi high court pass an order with the verdict"Having sexual relations with a woman against her will or without her consent also amounts to rape under the IPC. If the consent was obtained on a false assurance or promise of marriage, the consent cannot be considered to be full and free and it would be a case of rape," Justice R V Easwar said.