Cheating on promise of marraige

Dear Nandha,

By reading your statements it seems that the guy was never interested in marrying with you. it seems he was more interested of being with you without taking any responsibility.

Now if he is not ready for marriage then you can file a FIR against him for cheating and Rape on the pretext of marriage. You need to have strong witnesses to stand your case against him. also collect all the evidences, such as emails, sms and letters etc exchanged between you.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Observation first:

1. The lady in her large facts filled brief has no where mentioned "physical" word/phrase yet in your wisdom you advise her of current media hype trend to file r@pe charges too? I find it interesting horridly coming from fellow tribesmen.

Reasoning: Most of the rape cases are meticulously well-planned to satisfy uncontrolled s*xual lust and to realize sensuous celluloid images and fantasies with a sole motive to dominate over other gender.

2. Here is law in perspective on r@pe in reference to facts before us;

If fully grown up girl consents to s*x on a promise of marriage until she becomes pregnant is promiscuity on her part and not an act induced by misconception of fact and S. 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her. [(1984) Cri.L.J.1535] also ref.: Hari Majhi vs. The State [1990 Crl. L.J. 650] and Abhoy Pradhan vs. State of West Bengal [1999 Crl. L.J. 3534]

In another case the petitioner had s*xual intercourse with the victim girl several times on false promise of marriage and she became pregnant. The ld. Court held "though on the facts of the case, an offence of rape is not made out, it is obvious that by holding out the false promise of marriage the petitioner fraudulently induced the complainant to have s*xual intercourse with him and but for this false promise she would not have consented to have s*xual intercourse with him. The act of the petitioner, therefore, amounts to cheating as defined in S. 415, IPC and as such prima facie amounts to an offence under S. 417, IPC” ref.: Mir Wali Mohammad @ Kalu vs. The State Of Bihar [1991 (1) BLJR 247]

Now hitting straight this query of the @ lady in my opinion she has no lasting case in hand other than experiment.

Reasoning:

3. An agreement to marry is different from all other contractual relations. The reason for this is that both its object and the relationship created between the parties are completely different from those of any other contract. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. This can be accomplished by a showing that both parties had a clear intent for the agreement to be binding. Here via her own facts she says to us that her b/f right from beginning never had the will.

4. If the parties to a contract to marry are incapable of creating a valid agreement due to a legal disability, a lawsuit for breach of marriage promise cannot be sustained. The legal disability exhibited right from beginning by her b/f was on account of great caste divide between the parties to the lis.

5. Fundamental elements to the creation of a marriage contract are an offer and acceptance. It is not necessary that the offer be in formal language. The key requirement is that both parties comprehend that there was a clearly intended offer of marriage. A statement of the intention to marry to a third person, absent any other indicated intent, is not enough. Here intent is missing from whole facts before us.

6. An acceptance of an offer to marry must be given within a reasonable period of time. Such acceptance need not be formal but may be implied from the promise’s behavior. For a marriage contract to be enforceable there must be a showing that there has been a meeting of the minds of the individuals to the agreement. A promise to marry induced by duress is invalid. Similarly, a promise to marry made by fraudulent inducement—or fraudulent concealment of facts that would prevent the making of the agreement if revealed or disclosed—will render the promise invalid and relieve the innocent party from all liability. Defenses exist other than the invalidity or termination of the marriage contract and lack of capacity. This is exactly defense case in hand that is why bluntly I observed the ladies case is equal to an experiment in Court in above 4th. sentence!