False promise to marry by girl living with a man.

This query is : Resolved 
 

Online (Querist)
04 April 2021

This part is modified later: I highly respect the free advise given by experts on this platform and do not intend to waste anyone's time deliberately. I have categorized the query in 3 parts so an expert may choose to read every bit or just skip to the QUESTIONS SECTION at the end.

Man:
Marital Status: Divorced with a child, child not staying with the man.
Age: 35
Education: Post Graduate
Girl:
Marital Status: Single
Age: 24
Education: B.Comm (Hons) - Cleared most CA exams in the first attempt (only last exam remaining) - MBA Final Semester

The girl was introduced to the man in form of a professional relation. She started showing very visible interest after sometime and when confronted, she accepted she has feelings for the man. The man also found the girl to be decent enough and entertained her feelings towards him. After some time, once they were more close and talking over the phone, the man asked the girl about the possibility of parents accepting their relation and agreeing to marriage. The girl made it very clear that they will not accept this relation since there is an age difference and the man is divorced before with a child as well as the fact that her family is very orthodox and their reputation is utmost important to them.

The man asked the woman that in spite of this, is she still willing to marry him and the woman's answer for positively yes with a very strong confidence. The man kept all the possibilities that may arise and asked her to evaluate before making a commitment. The possibilities are as follows:
1. Parents locking the daughter or house arrest.
2. Parents emotionally forcing her to not marry the man.
3. Parents get shocked to an extent that they may have certain health related problem or they may role-play a health related problem to make her do as they wish.
4. If she get's COVID or any other contagious or dangerous disease.

The girl and the man discussed a few other possibilities that might arise and after very healthy and long discussion, the girl made a promise that in spite of any of these situations arising, she will not back of from marrying the man and will choose him if a confrontation with parents came to be. The man also promised that in any of these discussed circumstances, he will marry her and not back of. The girl was aware of the past marriage and the child as well as every other small details of the man about his personal and professional life. The man never hid anything from her.

She suggested a better option that she can come to the man's city on the pretext of a job and then marry him without the knowledge and consent of her parents and will only tell them once the time is right or in a situation where there is no other option.

She spoke to parents about going to Delhi for a job but they refused, high drama accompanied and the girl decided to run away. The man did not initially agree to this but when the girl said that if he does not accept her to come and live with him, she will run away from home and go somewhere else. On this the man agreed as he perceived that the girl coming to him is a better option than running away some place else. By this time, girl had told the man that her mom is her biggest enemy and that the mother is very manipulative and is making it hard for her to breath.

The girl asked the man to book the tickets and other related expenses for her plan. He did the same and she successfully came to the man in Delhi in the month of July 2020. They started living together under the same roof in a live-in relationship akin to marriage where both would share equal responsibilities of house hold, etc. The man, upon the insistence of the girl, introduced not only to his mother, but all the relatives, friends and people in personal and professional circle to prove that he does intend to fulfill his promise to marry her. The same promise was re-iterated by the girl over a span of multiple months and they decided to get married in the month of December on a certain day. Till then, the man was responsible to take care of all expenses while she was sharing accountability in the household as well as used the man's professional links to give interviews for possible jobs.

Their marriage was announced in the circle of the man (professional as well as personal) but when the day in December started getting close, the woman expressed her desire to extend the date with a reason that she wants to get married when the man is relatively free from work so that they can have 5-10 days together for vacation. It was doubtful to the man given his profession was very dynamic but when she insisted more, he agreed. In February 2021, the girl became ill and expressed her desire to visit home once. In the start of March, she was diagnosed with Pneumonia and started her medication accordingly.

On 9th March 2021, she got a call from her mother that her father is tensed about her health and that his own health is taking a hit because of the same. So she told the man that she will go and visit her parents for some day, get a little better and come back. She went back on 11th of March and even till the end she kept promising and consoling the man that he doesn't need to worry as she will be back as soon as she is better and she is not going forever, just till she is a little better. In fact she said she wouldn't have gone at all if his father was not worried.

She was in touch throughout the journey and spoke once with the man on 12th of March 2021. After which she disappeared. The man, through his sources found out that it wasn't Pneumonia but Lung TB that she was infected with and luckily the same has been diagnosed early and should be cured completely in 6 months. As per the health department's information, he got to know that she will no longer be contagious after 2-3 weeks of medicine and will have drastic health improvement in 1-2 months as it was normal Lung TB that she has.

He decided to wait but did keep on trying to contact her once a day with no response. Suddenly, the man realized, that she has blocked him from social media as well as on whatsapp.

Finally after multiple attempts of reaching her via her friends, she responded saying that she had to back out because of her father's health and that she meant everything she told the man but it was unexpected circumstances and that destiny does not want to them to be together. She again stopped communicating with the man and her friends as well. The man later found from her college friends that she was in fact having a boyfriend (another boy) who she had told every one in the college and class. As per her friends, she was having a relationship with this other boy.

(All these are evidences in form of very clear and long conversations recorded on phone, email and social media messaging)

Questions:
1. While a mere breach of promise to marry does not account to cheating, in this case can cheating be established that the girl had already discussed this situation and gave her promise after understanding this possibility may arise in future and now she calls this same possibility that came true as 'UNEXPECTED CIRCUMSTANCES' and 'DESTINY'. Since for cheating, fraudulent or dishonest inducement is required to be present at the time of making the promise, the girl had discussed in detail this possibility and accepted that she will still marry him if this possibility becomes a reality. Is it good to be considered as possible cheating?
2. Is it just mere breach of promise, or can this be termed as FALSE PROMISE TO MARRY.
3. Both had declared that they will be married before the entire family, friends and professional circle of the man. Is it not wrong to have declared this to these many people? Will it not tarnish the reputation and goodwill of the man?
4. When her friends are declaring that she already has a boyfriend, can this also be used to prove that she had fraudulent or dishonest intent at the time of making the promise which can also be accounted as cheating? Her own friends are willing to give official testimony in front of the police and the court regarding the same.
5. While physical relation of the pretext of promise to marry are many times charged with rape in case the victim is a girl, it is obvious that rape cannot be roped in here as the victim is a male. Is there another manner that the physical relation be considered as some form of pleasure that the girl enjoyed with a false intention (like using someone)


Dr J C VashistaOnline (Expert)
05 April 2021

Too long story.
Be brief and specific for an obligation of experts.
It is better to consult a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.

Sudhir KumarOnline (Expert)
05 April 2021

the experts of this forum are giving free advise in spare time and one may find difficul to read such a long narrative.

Hemant SharmaOnline (Querist)
05 April 2021

I understand and respect the fact that experts are providing free advise on the forum. However, there have been multiple threads for similar topic where experts have not given legal but moral advise since the questions was not detailed, or answered queries which were less appropriately articulated yet very long by the person, or asked to explain the situation in detail.

As you can see, the circumstance explained is for anyone who wishes to read the details, for those who find it difficult to read, I have summarized in form of precise questions.

While I understand and respect both of your opinions very well, I request you or other experts to skip to the summary it is difficult to go through the details. Both choices are made available keeping in mind what experts may want to look at. Regards.

ashok kumar singhOnline (Expert)
05 April 2021

agree with views expressed by earlier experts. provide ur query in precise.
thanks

Hemant SharmaOnline (Querist)
05 April 2021

Ashok Kumar Ji, as mentioned earlier to the experts you agree with, query has already provided in precise at the end in for of specific questions.

kavksatyanarayanaOnline (Expert)
05 April 2021

As an educated and professional never do think like him in usual. It seems that it is not a real story narrated by you. . If it is real, then he may file a case against her by consulting a local advocate with the details.



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