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Moni Bhattacharjee (Trainee)     02 November 2014

When woman abuses man after having sex on marriage commitmen

A unmarried man is in a live in relationship with a unmarried woman for 2 years. They live in a rented house as husband and wife after commitment for marriage. Now the woman dumps the man leading to his social embarrassment. The man is tempted to commit suicide. Is there any law which governs this kind of relationship issues when women abuses men?


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 14 Replies

Varun Kumar (SE)     03 November 2014

You enjoyed mate for 2 years.... Just move on.... you can't do anything to that lady... She file rape against you or threaten you of suiciding herself.....

 

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

The very meaning of live-in relationship is to live together so long they wish to live so and can part their ways once they don't find any meaning to live together.  There is no question of cheating one another because there is no binding relationship between them.  There is no commitment or agreement between them when they started their relationship hence no legal issues will be tenable. If the boy is attempting to commit suicide,he will be punished for such a criminal act and not that female.  How can you say that the woman abused this man?  What way she is responsible for the cowardice act of the man?  In fact she might have fled him after knowing about his such weak attitude and nature.

2 Like

Nitin (Law)     04 November 2014

Advocate T. Kalaiselvan wow wow what a response and if it was the opposite and if the boy left her after 2 years live in relationship then i am sure you would have advocated to file rape,cheating and even dowry and all charges and said the boy needs to be punished because he destroyed the girls life.

Tajobsindia (Senior Partner )     04 November 2014

@ Author,

 

1. I slightly differ to opinion of ld. brother; T. Kalaiselvan. 

 

2. The question is about 'consent' of s*x after commitment to marriage. Live-in here is secondary as 's*x' can even happen in any other situation involving two opposite un-married adults even without living ‘together’ as in a generic live-in relationship. 

 

3. In my opinion, hence, the boy can if he has time, energy, money then he can file appropriate case of cheating against girl. 

 

4. If a relationship of live-in is of long duration (here it is said to be of 2 years) then it is akin to marriage and flip same judicial view if a relationship is that of ‘marriage’ ‘commitment’ and s*x between partners are also involved because commitment for marriage is there then if it fails and one partner walks -out of it then a case of ‘cheating’ stands. 

 

5. Including me various ld. brothers discourage such cases as my view is that such cases are very long drawn cases and youth of parties gets spoiled read with law inclines heavily towards weaker s*x, but legally in this brief a case stands only if legal fees, commitment to stand in a long drawn legal battle are there from boy's side. 

 

However, how one presents the argument is different (associated) facts to win this brief for a fact now-a-days many "progressive ld. judges" are giving succinct verdicts.  


[Last reply]

1 Like

Gundlapallis (Advocate)     04 November 2014

Live-in-relationship in lay-mans language can be said to be a living arrangement in which unmarried couples live together for an indefinite duration of time i.e. it is might be short or long. Discussing the term ‘live-in-relationship’, the Honourable High Court of Delhi has said that 'Live-in relationship' is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time. Those, who do not want to enter into this kind of relationship of walk-in and walk-out, they enter into a relationship of marriage, where the bond between the parties has legal implications and obligations and cannot be broken by either party at will. Thus, people who choose to have 'live-in relationship' cannot complain of infidelity or immorality as live-in relationships are also known to have been between married man and unmarried woman or between a married woman and an unmarried man.

2 Like

CompelledToLearnLaw (Financial Examiner)     04 November 2014

Gundlapallis, pls read all of author’s query before throwing around a judgement of an HC. U only read or grasped the ‘live-in’ part. Also, pls read Tajobsindia’s response. Cheating occurred because she promised marriage in exchange for his s*x services. Of course, the case will depend on whether the querist can prove a promise of marriage and prove the act of s*x. I know u r a lawyer but I just want to bring u back to the reality: if the author of this query was a woman, no HC judgement on ‘live-in’ would come in the way of her if she stepped on the ladder of IPC 90 to reach for the fruit of 376, and yeah, 415, 417 too. 

Reference:

https://www.hindustantimes.com/india-news/newdelhi/woman-raped-by-live-in-partner-in-vasant-kunj/article1-1255496.aspx

https://zeenews.india.com/news/delhi/rape-on-rise-due-to-failure-of-live-in-relationships-delhi-hc_940989.html

 

Dear Tajobsindia, u have a beautiful mind. Last night I was reading an old reply of urs and I couldn't help but assume that the author of that thread got a better advice for free than the one he must've paid for:

https://www.lawyersclubindia.com/forum/family-24297.asp#.VFgxnPnF9Ld

 

Moni Bhattacharjee, I think the man in ur query is u. Brother, u talk of suicide. For who? U want to sacrifice ur life for some scum person? Do u have brains? If yes, r u also educated? If yes, then why don't u sacrifice ur life by going to a Med school and then devote all ur time to finding cures for diseases? Do the opposite of suicide: give life. That is what u call a sacrifice. Committing suicide is a selfish act, not sacrifice.

498A-filed (Advisor)     04 November 2014

File a case of rape on the girl. If law does not allow it than file all cases possible to compensate it.

 

Following crimes are made out

1) Rape becasuse she had s*x on promise of marriage

2) Dowry case because it will involve all her family members

 

Since these two cases cannot be filed by males, file all other criminal cases to compensate these two crimes.

Adv. Chandrasekhar (Advocate)     04 November 2014

Do not cast aspersions against professionals if you do not like their advice.  I APPEAL TO ALL THE ADVOCATES APPEARING ON THIS WEBSITE THAT DO NOT RESPOND OR GIVE YOUR PRECIOUS ADVICE TO THOSE IRRESPONSIBLE MEMBERS WHO PUT ASPERSIONS AGAINST YOU OR ANY OF YOUR LEARNED BROTHERS FOR THE ADVICE YOU RENDER FREE OF COST TAKING OUT YOUR VALUABLE PROFESSIONAL TIME.

2 Like

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     04 November 2014

Tajobsindia's views are quite considerable but unfortunately we cant do much in cases of seduction by a female. just as in case of Restitution f conjugal rights, where a husband may attain degree by court but there is no powerful execution to this law only thing one can do is go for divorce but even bad in case of live in, as one is living with another with free will and no binding on the other hand the lady has far enough grounds to file 376 IPC

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

Dear Adv. Chandrasekar sir, I stand by your statement and reiterate that it will be better to avoid responding to the irresponsible persons who pass on aspersions or cheap comments to the advices instead of understanding the meaning therein.

1 Like

CompelledToLearnLaw (Financial Examiner)     05 November 2014

Everything said is in the spirit of the argument. No disrespect intended. My apologies if it appeared as a personal attack.

 

Sir Advocate Chandrasekhar, with all due respect, just so u know: a keen mind will not suffer from ignorance even if the experts here refused to provide their advice. I notice a lot of experts, themselves, participate in the discussions to learn a thing or two about the law. I can flood this thread with links from LCI where clearly a wrong advice is offered by the experts.

 

Back to topic: here is an excerpt from sec 415: ...or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.   

 

If the author has the evidence to prove that a marriage-promise was made to deceive him into wasting his years in a live-in and to have s*x, would it not be considered harm to his 'mind, reputation?' The author says, " Now the woman dumps the man leading to his social embarrassment. The man is tempted to commit suicide."

 

The lady, in the said 2010 HC quash, had no evidence of a marriage-promise what so ever. Neither did she need to provide the evidence: the FIR in question pertained to Sec 354 and 506. The allegations were based on an alleged fight that occurred at the airport. But somehow the presiding judge went out of his way to comment on a live-in relationship. 

 

Dear experts, I hope u know how a female in 2014 files a rape case based on a live-in. The author can also file a cheating case in the same way. If the evidence of a deceitful marriage-promise, live-in, and s*x is there, the case is there. Where is the doubt or confusion in the argument?

1 Like

CompelledToLearnLaw (Financial Examiner)     05 November 2014

Even in rape cases arising from consensual s*x, live-in and otherwise, the SC’s view is that a mala fide promise of marriage can end up in conviction; SC: 
 
"... there must be adequate evidence to show that at the relevant time, i.e. at initial stage itself, the accused had no intention whatsoever, of keeping his promise to marry... ...  .... where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, was unable to marry her, despite having every intention to do so- Such cases must be treated differently. An accused can be convicted for rape only if the court reaches a conclusion that the intention of the accused was mala fide, and that he had clandestine motives."
 
Reference; May 20, 2013:
https://judis.nic.in/supremecourt/imgs1.aspx?filename=40427

CompelledToLearnLaw (Financial Examiner)     05 November 2014

Dear author, this information is purely for argument sake, I'm in no way encouraging u to file a cheating case. Filing a case is easy but conviction is another matter. I doubt u have enough evidence to prove that the marriage-promise was made in bad faith. But u r the judge of that. Anything u'll do to save ur relationship or to take revenge, in my opinion, will result in ur own loss. You will lose a lot of ur time. In life in general, litigation should be avoided if possible. In ur case, it's definitely possible to avoid litigation and to live ur life out of courtrooms.

498A-filed (Advisor)     05 November 2014

Cases should and must be filed against girls. It may cost us our time and effort but it will save many many families from false prosecutions of girls.

They should understand that they do not have the monopoly to file cases.

I have helped many husbands in filing cases against their wives. Some of them even got successful in getting cognizance in non bailable sections. I hope more and more people will advice husbands and boyfriends to file cases against their criminal wives and girlfriends with the same enthusiasm as they recommend these wives & girlfriends to file false cases of dowry and rape cases.

One of my friends filed 10 criminal cases on his wife and her parents and guess what, they are living together happily with no risk of any future false cases from wife.


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