• Cheating and harassment by boyfriend

My boyfriend was with me in a relation for 3 years
We loved each other a lot . I did all possible things for him.. we used to be with each other. We also went to different places for holidays.. i was loyal and true in this relation..but now i got to know that he was sexually involved with other girls too. And now he is also telling me that he cant marry me. Now i m broken in every sense.. socially ,psychologically, physically , mentally too
What should i do now?? If i take legal help what kind of case i can have ??
Asked 7 years ago in Civil Law

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8 Answers

1)did your boy friend promise you marriage

2) if you had sex with him under promise of marriage and you have chat messages , emails etc to prove it then file case of cheating against him under section 420 of IPC

3) breach of promiose to marry amounts to cheating if he did not intend to marry you

4) however bombay HC has held that “Even though a promise to marry was given, subsequently if at all the party feels it is not possible to continue the relationship as they are not compatible and there are differences of opinion, it cannot be called cheating.”

5) no case of rape is made out as you had consensual relationship

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Your boyfriend surely broke your trust, but he has not violated any provision of law. There is no provision in law which says that a man/woman who is in a relationship cannot have sex with someone else. There is also no law which says that he must honour his promise to marry you. A promise to marry is not specifically enforceable under Indian law. Someone who promises to marry can subsequently rescind it. So move ahead in life.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Well,his acts does not support law and hence if you wish you can file case of cheating and rape u/s 417,376, 506 IPC.

2.Another option is to forget this chapter as a bad dream and move on in life.

So depending upon your choice you can opt for recourses available to you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh.No one can force for marriage.

Having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to commission of rape particularly when the boy from very inception had no intention of marrying the girl.

A case where the girl agrees to have sexual intercourse on account of her love and passion for the boy and not solely on account of the misrepresentations made to her by the boy or a case where a boy, on account of circumstances, which he could not have foreseen or which are beyond his control, does not marry her despite having all good intention to do so, has to be treated differently

If fully grown up girl consents to sex on a promise of marriage until she becomes pregnant is promiscuity. Even though you can file a complaint before police but it would not become a strong case.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

if he assured you to marry thereafter established bodily relation then it is an offence of rape. you may file FIR, supreme court in catena of cased held that sexual intercourse by giving false promise to marry is an offence of rape.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi

Últimately he couldn't be loyal to you and now a legal step you can initiate is a police complaint of promise of marriage and not keeping it.

A case of rape can be also charged if police helps you but since the relationship was with consensus it will free him off charges in the trial or during the investigation.

Your feeling of hurt, cheat ed and abuse is not understood by law under the specific provisions other than what I mentioned in the beginning

Ge tan FIR under IPC for promise of marriage and having relationship on that promise. If there was an incident of you medical termination of pregnancy(sorry for the mention of it, no offence or insult intended) that can add to the offence from his part.

It is appropriate that you speak to a lawyer and discuss the detailed fact s and decide another future legal action against him.

Getting rejected and cheated for another woman is a pain which often leave great grief in a woman , but please know that you need to fight it and do need to be strong enough to act gracefully

First make up your mind to disconnect with him, then act against him.

Finally any time one partner can step back in a relationship, then the assessment of loss is on each one how they take it. In your case he had been cheating on you so he not only broke the promise of marriage but had intention to cheat you. Hence an FIR against him under the provisions of IPC depending on the exact facts of your case can be lodged.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

There can be no claim for a break up in live-ion relationship or love affairs.

If there was a consensual sex between you two on the promise of marriage, you can aproach police with criminal complaint under section 417 IPC.

He can booked for the offences but again it becomes your burden to prove the consensual sex between by both by undergoing medical examination.

You cannot book him under adultery charges because there is no marital relationship between you both and even otherwise being a woman you cannot lodge a complaint for the offences of his adulterous acts.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. Pursuing relationship or running affair is voluntary and not against any contract till marriage takes place.

2. After marriage both are bound to follow the appropriate marriage act based on which they have married.

3. You can only claim redressal from the Court if he has managed to have physical relationship with with the promise of marriage.

4. If he had so promised, you can file a police complaint alleging that he has had physical relationship with you against the promise of marriage which he is refusing now.

5. The said act of him will be considered as rape as per law.

6. However, do not agree for marrying him even after these incidences as otherwise you are likely to suffer all through your married life because of him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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