False promise of marriage and criminal breach of trust


I am in relationship with a guy since 3 years. We know each other for past 10 years. We studied in the same school.We were happy in the relationship and had normal fights like other couples do, nothing drastic.We both signed a contract that we are in relationship and will end up married.I have all conversations with my lover recorded in my phone with his awareness and he too has recorded conversations. But i doubt he is cheating on me.He promised to marry me but keeps postponing.Once when me and my parents put pressure on him, he asked his friends to abuse me.He has accepted this in facebook chat that he asked his friends to abuse.After that we fought and i abused him too.My parents talked to his parents and his parents gave assurity that they will marry us to each other and his mom told that I am her daughter-in-law no matter what.But even after all this he is dodging from marriage and still now telling some reasons to avoid marriage.He is telling he cant marry me now as his elder borther has to get married but his elder brother told clearly that my lover has to marry me and need not postpone his marriage for his marriage sake.But still he is dodging marriage. He asks me to not talk to him and acts disinterested in me always.When my parents went to his home to ask again for marriage, he insulted and disrespected my parents. When I called and asked him he said he wont marry me and switched off his phone and escaped. I have evidence for our relation and photos together, voice records, facebook chats, gmail chats.Can I file a case against him for breach of trust and cheating, false promise of marriage and cheating after having physical relationship. I dont have medical evidence of physical relationship with him but he once came to bangalore to my home and he accepted on phone that he had physical with me and on video chats too. Please guide me 

 
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@veedu:

Just  wanna ask one simple question.. 

What do u want to do filing a complaint!! 

If he is really not interested in you, you should consider yourself lucky that he is showing it before marriage. If you wanna make your life hell, you could put a gun, i.e complaint, against his head and you can make him marry you. But.. just think, will you guys be happy with this kind of marriage. 

If you want to file a complaint to get married, forget it.. he will never be able to get over this even if you guys get married. If you want to teach him a lesson, yes you could very well do it by ruining the best part of your life i.e youth by filing a complaint.

Max thing court can do is to punish him under some section, nothing more than that. They definitely cant force him to marry you. 

 

--- If you still want to file a complaint, -- many women are filing rape i.e 376 and i.e 417 breach of promise to marry.. 

 
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Go ahead and file a case . Buy hold , You think you will win his love , Answer is NO.

Do you think he will get in trouble for some time - Yes ....

Do you think he will not fight back later ...yes he will ...There is supreme court judgement says that if guy promise girl to marry her but later he refuse ...this can not be termed as Rape.So later if he file a case on you , you will be trouble along with your parents .

 

Advise - You two get away in peaceful manner , You need to think that he don't deserve you.

 
Reply   
 

Hi,

 

Thanks all for the reply. I know its not rape. I want to file cheating and breach of trust case. He promised he will marry me but never had intention. I talked to the girl whom he had relationship in the mean time and she too stated the same, I have her statements recorded, I was  silent in the conference she made him, he was telling bad about me to her, he asked " Are you ok with temporary relationship without marriage" when he was in relationship with me. Does it not account for cheating? She told he flirted with her too and told he will marry her. I have recorded her statements too. I am not filing rape, I want to file for cheating and criminal breach of trust. I saw last year judgement from Chennai high court stating some thing like if a guy is in relationship with a girl and had physical, he has to marry that girl? doesnt it come under this category?

 

Please guide me,

Thanks.

 
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Advocate

If you want to take legal action against him for cheating you, you can very well lodge a complaint with the police on the same grounds i.e., he promised to marry you and had physical relationship, but now he is refusing, hence he can be punished for cheating u/s 417 of IPC, contact a local lawyer, with hiis help move the police with a complaint against your boy friend.

 
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@Veedu: 

I dont think court could order for marriage .... till that point i m sure. 

as Kalaiselvan sir suggested, you can go ahead and file a complaint.. 

 

But as far as your post is concerned, i guess ur concern is to marry the guy and not to seek justice. If that is the case, then probably you should consult a advocate in person and get to know complete consequences that you will have to face. note down pros and cons ...and then decide...You might very well wanna teach him a lesson, but its not worth spoiling your entire life for revenge or whatever u wanna call it. But marriage is not possible thru court, he might get threatened and might marry you. but not sure if that marriage will sustain forever...

 
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Dy Director

refer

 

http://www.lawyersclubindia.com/experts/Breach-of-promise-to-marry-448771.asp

 

you are yet to make a contract.

 
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Dy Director

are you the same person who is coming as a victim of dowry demand on another thread. http://www.lawyersclubindia.com/experts/Husband-and-mother-creating-problems-after-marriage-562551.asp
 
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