Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Natasha (dd)     11 September 2014

By boyfriend cheated me

i was having 7 years live in relationship with one guy.... he was always forcing me to have physical relations... but he always promised me that he will 110% marry me.... at the beginning of affair i told him... ki dekh m average looking n belongs to middle class family... n m not from time pass type of girls.. if u r serious and sure... then only m ready to enter in affair with you....now after 7 years he introduces me to his parents.. his parents totally dislikes me... and now his parents are giving the reason that ki kundlis are not matching .... but before introduction , kundlis were very well matched........
3 years ago , i got pregnant also but aborted
m too depressed now... taking pills to sleep....
my bf changed his mob number.... he breaks promise of marrying.... what should i do now.... 



Learning

 8 Replies

Tajobsindia (Senior Partner )     11 September 2014

You have several options available (social – civil law - criminal law is what I mean) to cherry pick and find peace within eventually; 

1.  Social option - Involve friends to talk sense to your b/f and they should give hint to him about the civil law - criminal law in instance acts of his (about law(s) I will spell little later). Under this option the matter remains between you two and friends and your parents donot get wind of it unless already know about your live-in status which reading down your short brief is highly unlikely scenario. The other social option is to leave him and move on with your life thinking past 7 years to be some middle class girl’s social experiment to reach mature adulthood status.


2. Civil option – Since the live-in period is of long duration it is as per Apex Court most recent Judgment akin to marriage and thus you are entitled for claiming certain civil damages from you rb/f under a DV Act Complaint case which are for maintenance (if you are not earning) and right to residence as well as compensation for certain subjective mental trauma you suffered in such relationship. This step involves your parents knowing some litigation initiated by you and may require parting with litigation fees either by parents or friends or if you are having any savings then you are supposed to meet litigation fees out of them. This step also involves hiring a local advocate found via reference and filing Domestic Violence Complaint case against your b/f. The case goes on for 4-5 years and your youth may get struck in litigation.


3. Criminal option - File a case of Rape and Cheating and let law take its own case. {S. 420 IPC (cheating) and S. 376 IPC (rape)} This step also involves your parents knowing some litigation initiated by you and may require parting with litigation fees either by parents or friends or if you are having any saving then you are supposed to meet litigation fees out of them. This step also involves hiring a local advocate found via reference and filing first a Police Complaint case first under suggested Sections of IPC against your b/f. The case is quick case and may go on for 2-3 years and your youth may get struck in litigation.


4. Chances are that once you file Domestic Violence Complaint case against b/f he will delay the case and eventually if found having sufficient income in case you are not earning an income will be made to pay you maintenance as Protection Order and you may also get right to residence order and then main DV proceeding will proceed in accordance with law and may or may not culminate into prosecuting him under stricter IPC Laws which are in-built protection as object and reason of this Act. On the contrary, if IPC sections of law (i.e. S. 420 / S. 376) is used against b/f via Police complaint using Criminal Law then an IO will investigate quickly the alleged facts and seek approval from his superiors for your b/f's arrest and then he will run around and he will eventually seek bail and upon producing in Court he may even plead to marry you when charges are read out to him by a Magistrate Court. Your purpose i.e. marrying him is solved - achieved if this stricter IPC law under criminal law option is set to motion. Many such plea bargaining marriages between rapist and prosecutrix have happened and boys are leading reformed life now. Now, if he does not plead guilty under plea bargaining and seek instead trial i.e challenge your facts then Criminal Law proceedings will initiate in accordance with set procedure where State takes over a Criminal Law Complaint case i.e. your case on your behalf and your presence is required during statement – evidence stage. Meanwhile for the time being tormented you carry on with your life and involve yourself in some productive avocations till criminal law case finality reaches and may result into your youthful years also getting lost and who knows if facts are proved by your side then it may culminate in his prosecution in accordance with law that is punishment under Criminal laws are quite strict in such proved allegation cases.


4. However whichever option you calmly think to use out of above three advises in your current bad fallen situation try to retrieve abortion papers too if still retained by that clinic to make DV Complaint case OR Criminal Law case alleged facts stronger. Also pray social witnesses (i.e. neighbours or close friends coming forward) to corroborate both parties living as in a live-in relationship akin to marriage for 7 years status or so to make either nature of legal case stronger for you.


BTW, 7 years is a long period to live-in without being sure of a legal marriage happening before entering into such modern way of life and I quote you now from your own brief  "I m an average looking n belongs to middle class family... n m not from time pass type of girls" ? If one has such high moral standards set right from the beginning then one should not ought to have given away once innocence as once innocence is always taken not given which is social norm of society that one habitat.


Observation:

Your case smells of your minor age involvement with your b/f and thus probably you were immature to judge long term social repurcussions cometh your way. In 21st. century India for un-married Indian ladies it is suggested to first become modern as live-in relationship does not mean marriage at all even in Western world standards and live-in is a Western world concept and please match persons personalities if live - in in India has to be opted for and not depend on that someday a b/f will marry me r/w kundalies matching faith tricks of b/f or g/f that we hear in such briefs in this forum, otherwise such alleged facts may not have been allowed to have happened in first place especially by a abala Indian girl is my 'just' equitable view on your query. This is observed so because you approached the forum and not your b/f for remedy and even today it is still not too late to choose a life you want based on cherry picking one option out of the above three suggested and move on with experience. 



PS.:

You may ignore reading my observations para and only take opening three reply paras remedy for usage to set law of relative motion in action.

Tajobsindia (Senior Partner )     11 September 2014

@ noname_123 

Good question but asked too early, reason being I am not case manager for say, Railway minister’s son's 
Karthik Gowda case. Remember what the female model said in National TV channels (that also when the FIR was lodged) that she knew him as in live-in since May 2014 and in June 2014 he promised to marry her and they exchanged talli (thread knot tied around neck of female as sign of marriage) and in August 2014 she told to him that she is pregnant with his child and done a test and later aborted the child and she also told him that it was to test him if he will marry him or not and in late August 2014 she files case of rape and cheating against him and then went on National TV to say she only want his parents to accept her as their daughter in law which all are in Public domains (in her FIR as well as TV channels tapes) and I am not making a Contempt story here to convince you how such (high-profile) matters are easily filed now-a-days.


Guess yourself and so far as this brief is concerned the queriest alleged facts and I quote her "he was always forcing me to have physical relations... but he always promised me that he will 110% marry me." is tricky allegation facts which needs skilful sail through by her or by State and what I wanted to observe to her I already said to her which you reacted too early. Let her go to Court if those option she chooses and prove a case my public social responsibility job in a free legal forum is over once I applied Law and gave few legal opinions to her query, I am not required to judge outcome and/or on do her allegations a floor test as being her case Judge in public and some cases are genuine too which only the final Judgment tells so. 


On a side-kick note read yourself few weeks old parallel to this queriest a newspaper report which went into almost same IPC sections route;


Link:

https://www.hindustantimes.com/india-news/newdelhi/woman-raped-by-live-in-partner-in-vasant-kunj/article1-1255496.aspx   


Now you all draw your own thoughts for/against to such live-in queries which is things too common happening in 21st. century India is what one leads onself into now due to lack of check and balance in Law and fast social changes happening in society now-a-days and probably also due to lack of awareness on part of young boys and girls.

 

[Final last reply]  

All is NOT well (Harrased by Biased Laws)     11 September 2014

Dear Natasha,

 

Why you opted for Live-in. if you are so sati-savitri and bound to cultures and traditions, then why you didn't ask your BF to marry before going in Live-in and that too for long period of 7 years.

 

Natasha (dd)     11 September 2014

Dear

i m not  sati savitri....   when my relationship starts with my bf i was 17 and now i m 24 and he is 25, n settled just now...

 and i also asked him many times and he also promised ki if his parents will not ready for our marriage, we do regd marriage...

All is NOT well (Harrased by Biased Laws)     11 September 2014

Originally posted by : Natasha

Dear

i m not  sati savitri....   when my relationship starts with my bf i was 17 and now i m 24 and he is 25, n settled just now...

 and i also asked him many times and he also promised ki if his parents will not ready for our marriage, we do regd marriage...

Good to hear the highlighted part and your admissions of facts, so now you won't entitled for any suggestions / Remedy / Relief in contrary to the suggestions mentioned by Mr. Tajobsindia

All is NOT well (Harrased by Biased Laws)     11 September 2014

For Others, FYI Please 

 

Moreover, the Querist lady is asking the same query in other thread under Expert category as well:

 

https://www.lawyersclubindia.com/experts/My-Boyfriend-Cheated-on-me-wat-should-i-do-now-496121.asp#.VBGkVsKSyMI

 

Where People are giving the entirely wrong advise to her like:

 

"since you had a live in relation ship for 7 years see maintenance and other reliefs from your bf under DV act"

 

What a Shame on those people giving the advise to implicate fake cases and exort money for the lady who herslef is guilty and started living in live-in at the age of 17 year for 7 years without even her parents know about it, and suddenly seeks the way to extort money from the boy.

Really very shameful !!!


(Guest)

Now rape charges are so common that any girl walking on road can file on any male if she wants any adventures of being called as empowered woman.

 

Oops these cases runs single handedly,

 

These cases doesnt need any proofs to be filed at very stage even any case in india doesnt need any evidences prior to filling cases.

 

These cases can be filled on following conditions:

 

1.  If you need quick money.

 

2. If you need some dreadfull revenge.

 

3. If you need to be instantly cover the headlines of eagerly waiting media to cover up such cash news.

 

4. If you need to be called as nirbhya on national and on every media trial.

 

Irony,

 

 

Real victims of rape are brutally murdered they are not left freely to move here and there, As these women had protested for being raped.

 

And these rapists needs barbaric punishments what were used to be given in ancient days.

 These rapists should we given the brutal punishments unlike hang to till death or life imprisonment. 

 

I dont say that every raped woman is murdered but most of the cases they are not left to approach to complain.

 

In most of the families the incest is going on,

 

In most of the socities woman are made to be raped habitually on some part or considerations,

 

In many cases woman are treated in odd way or s*xually harassed.

 

But seeing the trend of s*x before marriage on consensual trend and then alleging it as rape is nothing but a treat of women friendly law.

 

@author,

 

If you are genuine girl then try for social, civil, amicable due course action on him.

 

But fact is that you too were involved physically in the intention of s*x. 

 

And this fact cant be ignored.

 

Marriage doesnt comes under indian contract law that you will get specific relief under the call off or breach of contract is my view on your case.

 

But, Ipc has sections under false belief of marriage and having s*x with the partner. So, you will get remedy if it is confronted and proved beyond any doubts.

 

One thoughtful suggestion: suppose he marry you on pressure and on court conditions. Do you think you will lead a happy life with such deciever of fake lover as a husband?

Just think over it.....!

 

PS: Nowadays consensual s*x been termed as rape if the complainant is in hurry to follow the above most paras irrespective of their indulgence with same satisfaction when they have been performed by so called as rape in modern -empowered pro women terms.

 

ESIS

ninjahatori1   20 June 2016

no one cares if you are cheated. U cannot do anything about this. men can sleep with unmarried lady or widow even if they are married in india. it is legal.

your burden is to prove s*x was not consensual as bf had no intentions of marriage which is impossible. besides who is going to support you for this? even your parents will deny the shame. Please dont read ramayan , mahabharat and stuff. it is false stories we were thought. see your bf cheated you has any god come to your rescue? having ethical issues will make you loose your own self.. there are no cases at all with 1% success with cheating case.

what i suggest is dont take legal route its waste. instead kill your bf or suicide to kill the shame, pain. take law in your hands and punish that b*st*rd or die.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register