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Tsuma   28 November 2023

Fraudsters

I have a bf and we are in relationship since two years, he said he'll marry me and his parents called me at his home and told me to tell my parents that we want to get married then my bf & I got closer we had intercourse and he's ghosting me and lying to me and his parents are now denying from marriage after everything, can I file a FIR against them or if I can what shall I do as they're denying everything now? Please tell me it's really depressing for me I don't know what to do can't even tell my parents about this 



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 9 Replies

Sanskriti Tiwari   28 November 2023

I'm really sorry to hear about what you're going through. It's indeed a distressing situation. When it comes to legal matters like this, it's essential to approach it with careful consideration.

Firstly, regarding filing an FIR (First Information Report), it typically involves criminal complaints for specific offenses recognized by the law, such as fraud, harassment, or breach of trust. However, in cases of relationship issues or promise of marriage, the legal recourse might be different. Laws regarding promises of marriage can vary based on jurisdictions and specific circumstances.

In cases involving breach of promise to marry or instances of fraud in relationships, legal remedies might involve various provisions under contract law, specific laws related to promises of marriage, and potentially civil or criminal laws depending on the circumstances and jurisdiction.

One of the key legal aspects in such cases might involve proving the existence of a valid promise to marry, which might be based on verbal assurances, written communication, or actions indicating a serious intent to marry. However, the specifics of how these laws are applied can differ based on the region's legal system.

In such cases, it might be advisable to seek legal counsel from a lawyer specializing in family or relationship matters. They can assess the situation based on the laws applicable in your area and guide you on the appropriate legal steps to take.

In parallel, it's crucial to prioritize your mental and emotional well-being. Consider reaching out to trusted friends, family members, or a counselor who can provide support during this challenging time. It's understandable that it might be difficult to discuss this with your parents, but having a support system in place can make a significant difference.

Regarding the relationship, communication with your boyfriend might be necessary to understand the sudden change in behavior. However, if he continues to ghost you or if the situation escalates, seeking legal advice becomes more crucial.

Remember, legal processes can be complex and emotionally draining. It's essential to gather all relevant evidence and information before taking any legal action. A legal professional can assist in navigating the complexities of such situations, offering guidance on the best course of action based on the circumstances you're facing.

Dr. J C Vashista (Advocate and Legal Consultant)     28 November 2023

You cannot compel your b/f to marry you.

It is better to forget past, move ahead and settle yourself with some other boy. 

However, It is not a legal problem, it is better to settle the issue amicable. 

Real Soul.... (LEGAL)     28 November 2023

If he slept with you by false promises you can file police complaint as that is as good as rape

P. Venu (Advocate)     28 November 2023

He has the defence that the incident was consensual. There cannot be any certainity as to the final outcome.

Tsuma   21 December 2023

What shall I do now!

Sanskriti Tiwari   21 December 2023

I think the expert 'Real Soul' is right in the context, because s*xual intercourse on false promises of marriage amounts to rape and fortunately, this clause is also mentioned in section 69 the new IPC, Bharatiya Nyay Sanhita. 

Also, in the case of Anurag Soni vs, State of Chattisgarh, Supreme Court observed that s*xual intercourse on the false promise of marriage is also an offence under Section 417 of IPC which provides punishment for cheating. Thus, such consent shall not excuse the accused from the charges for the offence of rape under Section 375 of IPC. The decision is also affirmed by many other judgments of various courts.

The courts, in such cases examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust for which the fact that 'how consent is obtained— through deceitful means, or by misconception'.

So if you really want to file a complaint, I suggest you to take the action as soon as possible, as the delay could make the situation complex and proving certain relevant things might become difficult. 

Dr. J C Vashista (Advocate and Legal Consultant)     22 December 2023

I respectfully disagree with experts Real Soul and Sanskriti Tiwari qua invoking legal recourse, which is next to possible to prove the averments of complaint / FIR (if registered) despite the fact the author has been cheated on the pretext of marriage. 

 

P. Venu (Advocate)     22 December 2023

The facts posted are clearly distinguishable from those in the case of Anurag Soni vs, State of Chattisgar. In the latter case the Apex Court had held that the actions of the accused had not been bona fide from the very inception. 

 

Sanskriti Tiwari   22 December 2023

Sir then what could be the remedy for the victims in such a case to punish the offender because nowadays it has become a trend to cheat. In many cases, even family and friends are also involved and unfortunately, most of the victims are females.

Cheating for money or having s*xual intercouse on false promises of marriage are different things but is there any remedy for the cases where one cheats another just for fun, taking revenge or the incident mentioned in the query.

As far as I know, there is no law regarding the same, because people take it lightly and it's a social stigma which considers it as a part of life, but I think it's the matter of great concern as some cases genuine and it really causes a lot of emotional damage and a feeling of isolation amongst an individual. 


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