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venkat randy   21 November 2021

mutual sex before married, cant marry her

myself and a girl had a mutual s*x before marriage, and i had never made any false promise of marrying her. I told her i will be with you, and whats to be happen it will happen. When ahe ask about marriage i wont say any thing i will tell if my family refuse for our marriage i cant marry you. After knowing all this she has s*x with me and now my family members refuse for our marriage, but now she and her family members was tortured me for marrying her. It will leads to any criminal case on me, or how can i come over by this problem.


 6 Replies

Shashi Dhara   22 November 2021

They cannot force  u to marry her  ,so deny her allegations and face her.

MPS RAMANI (Scientist/Engineer)     22 November 2021

In man-woman relationships public opinion and modern laws are in woman's favour. Hence you have a difficult time. Court will ask for evidence for whatever you have stated here. You cannot be forced to marry her. But you may become liable for other compensations.

G.L.N. Prasad (Retired employee.)     22 November 2021

This is your version, but police may have different findings and you have brought the family in the issue, while exploiting her.  It depends on the other facts, and not marrying as parents disagreed may not appear 'sound' as you have not taken their consent for those things generally occur after marriage in traditional families, where virginity is precious than life.

P. Venu (Advocate)     22 November 2021

What you have promised or not, is a question of fact. If she complains, you will have to face criminal action.

Anaita Vas   23 November 2021

First of all, let's look at the legal aspects of this situation.

Technically, Section 90 of the Indian Penal Code defines “Consent” known to be given under fear or misconception. A consent is not such a consent as it intended by any section of this Code if the consent is:

1. Given by a person under fear of injury, or

2. Under a misconception of fact, and

3. If the person doing the act knows or has reason to believe, that the consent was given in consequence of such fear or misconception.

However, courts are inclined to invoke IPC Section 375 (4), in accordance to which, a man is guilty of commission of rape on a woman if he has knowledge that he is not her husband, but she gave her consent because she believed that he was another man to whom she is or believed herself to be legally wedded.

India’s stringent rape laws bind the courts under Section 114A of the Indian Evidence Act to presume that the victim has not given her consent if she deposes that she did not give consent and Section 90 of IPC constitutes consent obtained under a misconception of fact to be invalid.

For instance, the norms in the failure of love affairs, say that if the victim submits to the lust of the accused under the misconception of the fact that he would marry her, then the s*xual intercourse in not consensual.

The Madras High Court bench in November 2012 said that rape as under IPC section 376 does not include the indulgence in consensual s*x with a woman under false marriage promise within its fold but cheating as defined under IPC section 417 is a punishable offence under the said act. On the other hand, in January 2014 the Delhi High Court tagged “Premarital s*xual intercourse” as immoral and averse to religious tenets thus holding that all acts of s*x between two grown-ups on a promise to marry is not rape. Thus, the court acquitted the man from rape charges.

Refer to Bombay High Court on July 2013 in Manesh Madhusudan Kotiyan v. State of Maharashtra for a better idea.

 

Regards,

Anaita Vas

    Dr J C Vashista (Lawyer)     24 November 2021

    Has she lodged any complaint ?


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