Civil Procedure Code (CPC)

Sexually exploited on false promise of martriage

none

I am a  23 yr old physically challenged girl (I went through a fire accident in school wen i was 9yrs old.both my hands are burnt, ).i was in a serious relationship with a boy for 4yrz.since the begining i made it clear that i would not have s*x with him if he had no intention to marry me,well he did seem convincing when he said he wanted to marry me ,We had s*x many times in all these years.I do have the proofs i.e the hotels we checked in,his id was used , hav photographs,fb chats.etc .this year in july i came to know he had cheated on me by having an affair for two months with his friends girlfriend.The day this girls called me from his cell and informed me and asked me to stay away,i asked my boyfriend the truth.he admitted,bt since that day he started telling he hates me,he does not want to marry me ,he has changed his mind,when i asked him whr am I at fault?he simply said he feels he does not need a commitment,i begged him a lot coz everyone in my family and friends knew i was in a relationship with this boy.I had even rejected the few wedding alliances i had got, because of him telling me to do so..I somehow convinced him to try making it work,i gave it my best shot.bt again within a month he again started telling me he hates me.I could not see whr was i at fault.i asked for a reason,he said he dint owe me a reason at all ......now i realise he had betrayed a girl in his life long before we had even met ,he lead her to believe he would marry her and exploited her physically.he told me just half the story,bt now when i look back and calculate i guess he put her through the same misery like me  ....and the girl with whom he cheated on me.he lied to her too that he was single and had no girlfriend....i have come to a conclusion that i had chosen the wrong guy.a guy who sleeps around with girls promising fake stuff.i tried forgetting things .i tried moving on .i am not able to .I hav told my mom everything from the start to the end,.my mom has agreed to help me punish him legally..i only want to know what would be the consequences for me if i file a rape case on him.i have read a lot on section 375 and 376(consent given under misconception)..i really want to do this.SOMEONE PLZ GUIDE ME ...I HAVE A FEELING IF I DONT HAVE HIM PUNISHED I MIGHT END UP HARMING MYSELF ..How do i go about this whole F.I.R thing?what all do i need to say in the p.s?according to u'll will he face punishmen? if yes,then for how long? his friends keep contacting me .I want to tell them about my decision with the intention that they might pass the news to him,and he will get scared and apologise...but what i dint disclose this plan coz he might apply for an anticipatory bail...can he apply for a bail?will he be granted a bail? r guidance is needed..I AM DOING THIS FOR MYSELF,FOR THE GIRLS HE MIGHT TRAP AFTER ME AND WARNING FOR THE BOYS WHO HAVE  ADAPTED THIS CHEAP STYLE

 
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advocate.dma@gmail.com

With due ragards to you and with due empathy, I would seriously advise you to refrain from this as this kind of litigation shall be very lengthy and not much can be availed except prolonged bitterness. I am not discouraging you but circumstances are not very conducive for you. I strongly feel that by the time your case will be decided (may be a decade), the Apex Court will surely rule such relationship out of perview of S.375. Just consider,

 

1. There is no force involved in such matters..

2. It is like a void contract, we do this and we do that.

3. Both are party to this and this is always mutual.

3. It puts the girl involved in kind of naive category.

4. Misconception is defined in IPC, and in true since it is neither misconception, nor threat, nor deceipt. Misconception is untrue representation of fact, it has nothing to do with promise. 

 

and the mute question is what if after  years the girl says no to boy ??

 

 Still get in touch with local layer, see if he can help you.

 

 

 

 
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LAWYER IN JAIPUR

I have sympathy with you. As you told that you have read a lot abt 375 and 376 of IPC, I suggest you plz go thru this Apex court rulling. then come againt to this forum....

http://www.indiankanoon.org/doc/1100330/

 
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LAWYER IN JAIPUR

But If your story is like as the case hereinafter i mention, then you may succeed...

http://www.indiankanoon.org/doc/57435104/

 
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LAWYER IN JAIPUR

So also in the case:

http://indiankanoon.org/doc/1094063/ 

Yadle srinivas rao vs state

 
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Legal Enthusiast

hello,

AB is rarely given for such grave offences.

fight your case on merits.

 

regards-

rahul.gogreen@gmail.com

 
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Advisory/Advocacy

Sonia....Never lose heart...

 

You have to come up and fight it and set an example for females who suffer like you in the hands of brutal men...

 

Read the judgements by Mr. Soni and you will realise that your consent was no consent at all...

 

You are going to need a lawyer throughout to guide you professionaly and anticipatory bail will not be granted that easy..

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

 
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Independent Lawyer

Do not take this lying down, Sonia. File a case of rape against this man to teach an unforgiveable lesson to him and to set a deterrent for all those men who view women as objects of s*x.

 
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advocate.dma@gmail.com

You have the proof of all the consensual meetings, Hotels, FB Chats, photographs etc. You are filing the case because he did not marry you after spending four years with you as a close partner. He is not a criminal, neither he has cheated you. You were intelligent enought to put a condition that no intimacy if no marriage, then you should have analysed that future is not guaranteed for any one. Take it differently, a normal couple meets and after spending few years, some unfortunate accident happens and one of the partner (say the girl) gets disfigured, and the boy decides not to marry her ? Can she force him ? Can she call him rapist ? Please understand misconception and consent as defined in the S.375/6 and S.90 are not falling in what you are descibing.

 

Outcome of any legal matter cannot be predicted in advance, you may get him behind the bar for sometime due to over enthusiastic police force in such matters, but it will be a prolonged and difficult journey for you. You were party to relationship, by no stretch of imagination he can be called as rapist in general terms, legal position aside. So its my genuine advise you have a long life to lead, concentrate on positive energy and have faith in GOD, make your life smoother rather than getting stuck into a case which will not give you anything at the end. You decide !!

 

If while having intercourse with her partner, if a normal woman does not feel pleasure or happiness and remains listless, then she is being treated as object, but if she is the willing party and enjoys the act within physical needs, then she cannot be termed as object. Were you treated by him as an object ?? I am sure not.

 
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none

i appreciate each of ur valuable advice ..as posted by MR.TRIVEDI.I agree it will be a lenghty battle.bt trust me i thought a lot,,,clearing a point u stated,i was disfigured wen i was a 9 yr old.When i met this guy i was already in a bad state.he gave me an assurance that he would marry me,he made me reject alliances,AND YES THIS GUY CHEATED ON ME,THE DAY HE WAS CAUGHT HE STARTED TELLING STUFF LIKE HE HAD DECIDED HE WOULD NOT WANT TO SPEND LIFE WITH ME ...i have proofs that we were intimate,and many witnesses that he showed commitment.i need your guidance..if i file a complaint hw long will it take for his bail petition to be accepted?will he opt for compromise as i knw he does nt come from a very financially sound background?i heard if its mentioned in the charge sheet that i am physicallly challenged he will face a lot of problems regarding his bail petition..

 
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