• Girlfriend got pregnant and refuses for abortion

I am in a relationship with a girl from past 3-4 months. Now she got pregnant (2-3 weeks). And she refuses to abortion. I wanted to know the all the law regarding this. Should I have to marry her? Is there any punishment if I refuse to marry her.
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

9 Answers

1) since you have got your girl friend pregnant you should marry her

2) if you refuse to marry her she may file case of rape against you under section 376 of IPC

3) it would be her case that you had sex with her under promise of marriage and after making her pregnant are refusing to marry her

4) in addition she may file case under section 420 of IPC for cheating

5) your defence should be that no promise for marriage was made . she willingly consented to have sex . hence no rape or cheating case is made out

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Arjun Gupta v. State of Jharkand SC has held

an allegation that the prosecutrix was made to have sexual intercourse with the accused on the assumption, based on an assurance or promise or giving out an understanding that the accused would marry her, cannot amount to the lack of consent as far as the prosecutrix is concerned. Prosecutrix, who is a major, if gives consent even on "any of the aforesaid assumptions, and thus has sexual intercourse with an accused will be, under all circumstances and in all respects, considered to be a consenting party. This coupled with the fact that 'day after day, week after week and month after month, this arrangement continues until the day of reckoning when she complains that the promise of marriage is not being fulfilled or that all this while she was being fed on this false assurance. What- ever be the worth of the promise or the assurance, in law the prosecutrix is deemed to have given consent as far as the sexual intercourse is concerned. Such consent cannot be called as an illegal consent as far as the appllcability of Section 376, IPC is concerned."

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Causing pregnancy to your partner does not make you bound to marry her.

2.However if you do not marry her then she can file lot of criminal cases including cheating and rape making rest of your hell.

3. So you caused the pregnancy, take the responsibility and marry her.It would save your life.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. She has the right to give birth to your baby she is now carrying.

2. She can certainly demand marriage since it will be easily proved that you have had physical relationship with her making her pregnant.

3. If you refuse to marry her, she might allege that you have established physical relationship with her with the promise of marriage and made her pregnant and is now backing out understanding that you shall not get any dowry as demanded by you and in that case a charge of rape might be brought against you which is punishable under jail term.

4. You shall have to maintain both the mother and the baby as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You cannot force a would be mother to abort the child without any valid reason.

It is an illegal act as per law

If she was impregnated on the promise of marriage, then you are bound to marry her or else she may lodge a complaint before police under section 417 IPC and the punishment may extend upto two years of imprisonment.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Hi,

As per the information provided by you, both had mutual consent sex and you never agreed for marriage. So, you do not have to worry about neither any criminal case nor any force to marry her. But there are cases where girl turn up and said she was raped Or agreed for sex as if the guy promised her to marry. If at all you are worried about any criminal case may be filed by the girl then why do not you apply for anticipatory bail and be safer side. I need to discuss with you more on this for better legal advice.

Thanks,

Adv.Niranjan,

Mobile - ,

Email - [deleted] .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

She can lodge a complaint that you had sex with her on the promise of marriage and the pregnancy is the substantial proof to prove her claim.

The police will not beyond this and may not accept your version, they will book the case and ask you to tell all those stories before court.

The court also may not accept your submission until you have substantial proofs to prove that you are innocent.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) burden of proof is upon girl friend to prove that you had sex with her uinder promise of marriage

2) your contention should be that you had consensual sex

3) you cnnaot be forced to marry her against your wishes

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. She can allege that you had induced her in having s*x with you after promising her marriage which you are now refusing to perform.

2. This allegation of her, if proved, attracts the charge of rape as per our supreme court.

3. However, you also will have the argument that you two had consensual unprotected s*x which has resulted in to her instant pregnancy which she is reluctant to abort against your expressed wish and with her own will.

4. collect audio/video recording of her admission that you had never promised her marriage and that you two had consensual sex resulting in to her instant pregnancy which she is not willing to abort against your expressed wish and with her own wish.

5. The above evidence will defend you while contesting the criminal proceeding initiated by her, if any.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer