False promise of marriage,sex involved.rape charges?
sonia
(Querist) 04 October 2012
This query is : Resolved
hi,i was lead to believe ny my boyfriend that he would marry me from past four years,now he wants to back out.we had sex many times,have proofs,can i file a case?if yes what sections apply and how do i go about the whole thing?
ajay sethi
(Expert) 04 October 2012
has he given any promise in writing about marriage? your boy friend will say it was consensual sex . you have to prove that you had sex based on the promise of marriage . dont take a hasty decision .
if you have evidence apporach local police station . they will file case if they are convinced about your story .
sonia
(Querist) 04 October 2012
no,no promise made in writing,bt his I.D proof was used when checking into hotel rooms for sex.have photograhs in the room as well.and all his friends and my friends are proof that he showed intentions of marrying me
R.K Nanda
(Expert) 04 October 2012
u cannot file any case against him as it was consented sex.
sonia
(Querist) 04 October 2012
what section is applicable when sex with consent under misconception ?i have read it comes under rape not section90 bt i think section 375 or 376
R.K Nanda
(Expert) 05 October 2012
sections 375 and 376 of IPC.
K.K.Ganguly
(Expert) 06 October 2012
If you have witnesses you can try filing a rape case against your boy friend u/s375 & 376 of IPC.
Having sex with the promise of marriage and then backing out amounts to rape.
sonia
(Querist) 06 October 2012
witnesses as in ?many times it was at his friends house,and the hotels we checked in for a few hours his id proof was used,and i have snaps taken in the hotel rooms,
sonia
(Querist) 06 October 2012
and another thing i missed to mention is that he cheated on me having an affair with a girl for a month though both of them wer clear that it was jus a fun affair but they had sex,he lied to her telling he was single and during the month he was enjoying cheating without my knowledge,he also continued having physical relationship with me
Guest
(Expert) 06 October 2012
That may not help unless you have any proof, but still irrelevant to the case fo rape if you desire to file.
sonia
(Querist) 06 October 2012
respected sir.i do have proofs i am pretty sure he will own it up during the police investigation.i also wish to know wethr it is better to get a warrant for this case through court or approach a local P.S tO file an F.I.R ?
R.K Nanda
(Expert) 06 October 2012
go to PS of ur area to lodge FIR against
the boy.
sonia
(Querist) 07 October 2012
according to u how soon he wud get a bail?
R.K Nanda
(Expert) 07 October 2012
first let FIR be registered by police.getting
bail is his headache.
sonia
(Querist) 07 October 2012
sir incase he applies for bail after how many days will he get it ?and how many days would he be in custody min in such caes?
JANAK RAJ VATSA
(Expert) 07 October 2012
the bail , its duration, commencement will all depend on the court discretion . however before you jump into the bandwagon of filing the criminal case, think once again that you had relationship for 4 long years and yet you both want to make it a quit.
sonia
(Querist) 07 October 2012
i never wanted to quit,i gave it my hundred percent i am a physically challenged and despite all this he said i could trust him,and the day he was caught cheating he wanted to quit telling that he had decided to leave me wen he stated dating the other girl but dint feel like telling as i would be hurt,even a day before he was caught he was very sweet to me
