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Jean (HM)     24 June 2011

Breach of promise in Live in

What can one do in a case wherein an Indian woman is involved with a foreigner in a live in relationship.

I am a highly educated woman met a man from Belgium who was also  working in India(through a social net work)where in he posed as a divorcee.

He appraoched my parents to marry me and based on this

I lived with him for 4 years,I spent all my earnings(which approximated to fifty thousand a month.

I also used all my savings and also my parents and family helped us financially.

We appeared asa couple everywhere in Society.I even visited his family in Belgium twice .

I have proof of all of the above.

We are also of marriagle age.

Now after having cooked,cleaned taken care of all his needs mentally ,emotionally,physically,and more.

I have been committed,loyal,dedicated to this relatisonship throughout.

All of a sudden,he has just walked out on me and left me and my family shocked and in astate of disbelief.

What can I do ?I need legal advice.

What rights am I entitled to.How can this man get away afyer using me and my family?

Kindly adbise



Learning

 33 Replies

Rohit Shukla (Engineer)     24 June 2011

My full sympathy with you ......... but can't buy your take, in fact nobody would.

Who told you to support him by all your means? Don't you know that Western life is different from what we have out here in India. They marry with commitment and interest and the moment it disappears, they call it off and they are very honest about it. So once you marrried Mr X from a foreign land, this was something expected. You went ahead and also lived in a live-in-relationship which is nothing but a sharing arrangenment with no claims and commitment. So once it has been breached, there is nothing you can claim or do especially if he has fled the country. Again, these are purely very generalistic views without getting into minutes of the case, and absolutely with no intention to hurt anyone's feeling.

All I can suggest is go and speak to him about the cause of this problem. Also let him suggest a solution and then you put your perspective. I wish it gets sorted out. Good Luck Jean! 

Isaac Gabriel (Advocate)     24 June 2011

You still want to continue the live-in relationship? or you want to claim damages?

Jean (HM)     24 June 2011

I would like to claim damages.

Jean (HM)     24 June 2011

No one told me to support him.I did so beacuse I loved him.It was understood we would eventually marry so it was the case of whats mine is outrs.I had no idae that he would walk out all of a sudden.Obviously he has moved on to the next stupid fool.

Jean (HM)     24 June 2011

So in other words he gets off scott free just beacuse we wernt married ?What justice is that.

I read according to supreme court ruling that a woman in a live in relationship can claim some maintainace if

1)they have lived together for  sufficient period of time

2)the couple is of mariagable age

3)they have appraed in public as a couple.

I have proof for all of the above.

Can someone give me some legal advise?

Tajobsindia (Senior Partner )     24 June 2011

@ Author

Actually you are right (comment is based on your last reply) !

This would be a very interesting case only if;

1. A prudent ld. Advocate (local) takes up your case.
2. That ld. Advocates can interpret prudently the re. SC case Law correctly before the trial Court.
3. The trial Court is able to take cognizance prime facie.
4. You manage to Service process of the Court upon him.
5. He is bound down to appear before Indian Jurisdiction.
6. There pops a Order in your favor !!

My independent opinion is that Justice in your peculiar brief should be from State's HC to set a trend (perceptive).

Do keep us posted on further cause of action (if ever taken by you).............


 

Jean (HM)     24 June 2011

I would like some help in this case.

We do not know how many women are out there in a similar position.

One case could help so many others.

Tajobsindia (Senior Partner )     24 June 2011

 @ Jean

Ha ha (ignore my snigger for a moment)

1. I mean first help thyself bze you approached us with your present problems then see others benefiting from your precedent. Is it not so logically one aspires to do !. 

OR

2. Create a NGO and take time to get others helped including you yourself.

OR

3. Approach NGO and get PIL admitted for common cause.

Opinion: Consult a Sr. Lawyer from your State's HC specializing in Family laws especially newer social trends you are bound to get precedent created if your first and next briefs are to be believed (prime facie pre-ponderance of presumption values if taken is what we mean here).

Adv. Chandrasekhar (Advocate)     24 June 2011

Often it is said that saying is easier than doing.  But in your case, doing is better than saying.  I gather that he is still living in India.  If it is so,you have got all the reliefs you want - maintenance, recovery of the money you spent on him (recovery of damages), shared house-hold and protection orders in Domestic Violence Act.  This Act recognizes the live-in-relationship.  You just simply move an appliction under Section 12 of the Act and get all the reliefs you want.  This case is not as difficult as imagined if you have got all the evidence to prove the live-in relationship.

By the way, I suggest you to go through the posting of "how to cancel interim bail" posted by one ms. Pallavi in Criminal law forum and the similar post authored by the same author with some other title.  If the facts of her case resemble with your case on vital points, you have got different options also to pursue.

Jean (HM)     25 June 2011

Thank u this is the kind of advise and help I am looking for

priya (student)     25 June 2011

Live-in is supposed to be temporary and to enjoy all pleasures of a marital relationship without actually getting into one...it is one of many western abuses tht people follow today and if they are doing that they must also know its consequences...

2 Like

Jean (HM)     25 June 2011

Its very easy to pass judgement,I think you havent quite read the background.

I was ina  live in relationship ...and we were going to marry in a year or so...If your here to be moralistic and judgemental then its better you dont  reply to people.

Maybe if you walked in someone elses shoes yiud feel their pain.

So disappointing..no one is loking for sympathy just proper advise and guidance from those who know the law.

2 Like

Ambika (NA)     25 June 2011

Jean, you need not give any explanation. Even if you were not planning to marry, he still does not have right to exploit you. As you see in advocated Chandu's reply there are laws in place which recognise live in relationship and you would have remedies once you take legal course. So focus on your case and wish you all the best. 


(Guest)

@Jean,
A sincere man doesn't take 4 years to make the decision. In fact a few dates are enough to make the 'leap of faith' and ask a girl. One doesn't need a 4-year free trial. I mean no disrespect but please read the book 'he's not that into you'.


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