• Breach of promise to marry after sexual exploitation

I am a govt employee with just average looking face and body..however was brilliant since my childhood.I never let anybody for more than friendship...until i met the love of my life.He was good luking..good earner..nd very jolly by nature....he was a customer to my organisation..it started with normal friendship..den turned into a deep relationship..including sexual..my first sexual intimacy was at his home when he proposed to marry me....I was happy to have him in my life...we walked ...laugh ..lived...shared....each day together...even we stayed together for days in his house....as husband wife....in the absence of his parents..I trust him.nd was sure dat we wil marry soon...after 2 yrs...he started avoiding me creating a situation of his busy time..den small fights became big drama.....he started abusing me after drinking..and also deny for marriage...dat we belong to diff caste....nd ur complexion is dark....nd our kundali do not match etc etc....I cried...begged...and ask him not to break the relationship...take time..things will change...be like good friends...nd he continued....after one year...because of his one relative...our parents initited the talks for marriage...but his parents denied....He promised...nd his relative....give time to family...rest everything will be finished....so i stayed calm...patiently waiting....after few months....he absconded...when return...totaly denied...and started telling people dat i never promised her...nd she is running behind me ...nd forcing me...nd finally blaming me....for his image in family...society...nd loss in bussiness...I am today completely shattered nd no where in my life...i m lost..in my personal nd professional life....THIS MAN CHEATED NOT ONLY ME BUT A GIRL ASWELL..I wanted to see him behind the bars...what sholud i do....plzzz help....to save my dignity..nd my self respect as a girl...nd the trust i lost....
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Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

1. Sexual favour on promise of marriage is cheating within the meaning of 417 of IPC.

2. You can also allege offence of rape u/s 376 IPC.

3.So, if you think you were cheated then lodge the complaint with the local under the aforesaid sections.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1. you can file FIR for the offence of rape and cheating.

2. he has taken your consent for establishing sexual relation by false promise so offence is rape is made out in this case.

3. your statement is enough to register FIR and initiate investigation, no need to conduct medical examination before filing of FIR.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1) do you have any emails, chat messages wherein your boy friend promised you marriage

2) if you had sex with your boy friend under promise of marriage and your boy friend has now refused to marry you can file case of rape against him under section 376 of IPC

3) you can also file case of cheating against him under section 420 of IPC

4) you boy friend will take the defence that it was consensual relationship , that he never promised you marriage

5) there are number of judgments that breach of promise to marry is not rape

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Consensual sex on promise of marriage not rape, says Bombay high court

The court held that [the complainant] can say no. You are educated and a major; you have the right to say no…

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

The Supreme Court said that if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.

The top court's said this while hearing a case in which an accused was charged with rape after he failed to marry the girl with whom he had consensual sex on the promise of marrying her.

"Coerced or misguided, obtained willingly or through deceit. Consent is an act of reason, accompanied by deliberation, the mind weighing, as in a balance, the good and evil on each side. There is a clear distinction between rape and consensual sex and in a case like this, the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is a distinction between the mere breach of a promise, and not fulfilling a false promise," said the Supreme Court.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. You had a relationship with him with your free consent. A promise to marry is not enforceable under the Indian law. Someone who makes a promise to marry can subsequently revoke the promise due to change in circumstances.

2. Unless you have evidence to prove that from the inception of promise he never intended to honour it, you have no case against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Dear Querist

due to false of promise of marriage he used you sexually which is come under the offence of Rape as your consent was not free hence he can be prosecuted for the offence of rape U/s 376 of IPC.

but before filing the complaint before police you should prepared your self for fighting the case before the police and courts. you have to gone through the mental trauma as well by the police, advocates and society, if you are ready to fight with your self then go ahead and these type of people should be behind the bar.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

You should collect some evidences for your relationship with him in the past and gather courage to lodge a criminal complaint agaisnt him in the jurisdictional police station situated near his residence.

In the complaint you may mention that he forcibly had sexual intercourse with you on the promise of marriage many times.

Now he is refusing to marry you after fulfilling his desires.

Therefore you are filing this cheating case agaisnt him.

The police will register a FIR under section 417 IPC and prosecute him.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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