Upgrad LLM

False promise of marriage

Lawyer

Dear Piyush I stil dont agree with your contentions.

 

the judgment referred by you does not support your point, pls mention any such judgment where SC or any HC has applied principles of Contract Law in case of Rape or Murder or Defamation or any other offence.

 

must notice one thing, there is a difference between Personal law and Criminal law.........as far as Mutta Marriage is concerned (the point raised by Mr. Singh) it is a part of Muslim personal law and is a legalised version of marriage......few may term it to be a kind of prostitution....even I consider it to be absurd.

 

Under Muslim law marriage is a contractual in nature, but that still does not mean one can rape a female under the principles of contract law....it has to be noticed that principles of Indian Contract Act, 1872 does not apply to Muslim marriages, Muslims are goverened by their own personal laws.

but still I do not feel any scope of comparing rape with a valid marriage.

(as far as enforcement of Article 42 of the Constitution is concerned, I will not touch that part since it is not a part of the discussion)

 

you please find out any judgment which says criminal jurispurdence can be set aside by the Commercial laws....Justice Katju acquitted the accused on certain different points.

 

The entire definition of rape vis a vis other provisions have be analysed.

 

Let this discussion be alive....its good one....either I  will learn something from you or you will learn something from me :D :D

 

Hope the discussion will not go astray.

 
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Lawyer

I am also agree with the point raised by Mr. Kiran, in the judgement given by Mr. Piyush the S.C. has not interpret the law of contract any where, the court has given its directions not to pay damages in lie of breach of promise but it has given its direction to give two acres land to prosecutrix because the accused was desirable to do so and the court made it a part of judgement the wish of the accused. The court has not held that they were into contract of marriage and to pay damages for breach of promise.


As per my view Mr. Kiran is also right on the point of Muta marriage as it was raised by Mr. Kundan Singh. The concept of muta marriage is governed by personal muslim law and not by the Indian Contract Act.

We are waiting for the reponse of other Ld friends on this topic. Beacuse now a days we are seeing many of the cases of such types in the society, we cant say that the boys were innocent always but in most of these type cases the physical relations were developed with the mutul consent of both they both enjoyed it all the time but when diff. arises why the boy should face the criminal cases and court should consider him as an offender???

 
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Lawyer

I am agree with Mr. Saurabh that thedefination of law related to rape should be changed, its time to amend our criminal laws, because the society has changed.

 
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Advocate

Mr. Kiran i am agree with ur point but the H.C. of  Gujrat has decided in a matter that the promise to marry is contarct and aggrived person can claim damages in case of breach of promise please go through the matter of Prema Korgaokar vs Mustak Ahmed, Guj 1987.
link for detailed citation http://www.indiankanoon.org/doc/815074/

After reading this citation plese give your opinion.

 
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self employed

This reminds me of a story I read. A man offered a woman a million dollars to have s*x with her. The woman agreed. He then offered her only $100. The woman, outraged, asked, do you think I am a prostitute? The man said that part is already decided. Now we only have to decide the price.

These women should either not have s*x before marriage, or if they do have with their consent, then share equal blame for it. I am not an expert, this is just my way of reasoning.

 
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to mr kundan

 

if there is no s*x with the girl . only if a boy just promised to marry a girl by email but he had not keep his promise.BUT he had not done  any s*x with her.is it any crime?is there any punishment for that?

 
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Law Consultant

There are several judgements in this case which defines very clearly that a full-grown girl who understand the nature and consequences of the act, cannot claim the same act as rape which she herself enjoyed multiple times.

 

With evolving times we have forgotten to understand the need of amendments in the law which march towards equality than bias. If for a girl, her virginity is so sacred, then it is her obligation to safeguard it.

 

If a boy promises her to marry then can we say that based on that promise alone shw would agree to give away her sacred virginity? The answer is no. Let me explain.

Situation - I

Suppose, a man approaches a girl with a proposal of marriage and she accepts it. Does this acceptance anywhere includes condition to have s*x or not to have s*x? Now if the couple engages into s*xual intercourse, then the girl cannot invoke the "promise of marriage" philosophy to trap the boy.

 

Situation - II

Suppose, a man approaches a girl with friendly proposal and tries to get physical with her and she rejects it. Then the boy hatches a plan and promises her that he would marry her and she accepts. Then they have s*xual intercourse. This clealry indicates that the boy had no intention to marry but only had lust in his mind. In this case the girl must be assisted by the law and justice delivered by punishing the accused.

 

Situation - III & IV

Suppose the above two situations are converse and it's the girl who approaches the boy. What is the recourse for the boy? Are we in India of the view that the body of only a female is sacred but that of the boy can be misused?

 

We have to underdstand that "Promise of marriage" and "Sex" are two distinct acts. Whenever one of the two is performed, the other act is not in the mind of either of the two. Hence at a later stage these two cannot be put together just to take revenge or to coerce the boy to marry the girl. Unless the prosecution cannot show that the boy never intended to marry the girl and that the girl allowed s*xual advances only based on those false promises, no case should be allowed to be registered. Mere verbal statements should not be taken as proofs in such cases because in modern times like today, girls do not feel fear of loosing their status by going to courts. There are so many cases where girls drag boys to the girl and it is only fallacy to believe that a girl would speak only gospel truth.

 

There are instances in cases of 498a where lawyers and police teached the complainant to lie in the court and trap the accused with their false allegations. Can we say that such suggestions wouldn't be given in these case also? Can we say that girl would never lie?

 

Every doubt in a case has to go in favor of the accused. The citations to support my contention is:

- Uday v/s State of Karnataka

- Dilip Kumar v/s State

- Pradeep Kumar v/s State of Bihar

- Jayanti Rani Panda v/s State of West Bengal

 

//peace

/Saurabh..V

 
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unemployed

Interesting Discusion ..need comment of others expert aslo.Is any others expert there???

 
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Dear Lawyers ,

I want some conselling here regarding what should a boy do when a girl ditches him? We always talk about false promise of marriage and premarital s*xual relationship. The case is the guy love the girl deeply even after knowing the girl had such physical relations with other guy in the past. Commenting that it happened in her teens he accepted her. She promised him to marry, had s*x and now when she has left him the guy is suffering a lot and he want justice. The girl has defiled his sole, he lost his dignity having s*x with her in his openion. He had a feeling that she fooled him however he loved her from the core of his heart. He want the justice what should he do? He has may call recordings of her many photos to prove that he had relations with that girl. Please do suggest which section of IPC applies to this case? what should he do? Please help....I just want to know why boys always scapegoated for false marriage promises? What if a girl commits the same? Isn't it applies to girl as well? Justice should be done...please suggest what to do?

 
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My Que is same as Sachin's Que .  is there any law?

 Please post any suggetion? 

 
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