• Extra marital affair

I m a divorced woman.I was in a relationship with a married man 20 years older than me. We even had physical relationship for 5 years. When i asked him to marry me, sometimes he said he can't because he has a family but sometimes he said he will if i don't interfere in his family.Now ours families know about our relation.But now he is not willing to marry me.He says that he will now take care of me as a father. Please guide me what can i do.
Asked 7 years ago in Family Law
Religion: Muslim

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9 Answers

1) you can file police complaint against your lover under section 420 of IPC for cheating

2) breach of promise to marry amounts to cheating

3) in his defence he would take the plea that it was consensual relationship and no promise for marriage was made

4) I presume you have saved emails , messages wherein he promised you marriage

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

What do you want now?

You want to take legal action against him or not.

If yes then may file a criminal complaint against him before police or court.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

As you know that he has a family then legally it is not possible if he has no family then without his wish the law can not forced him to marry you.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) you don't have any case

2) your lover would take the plea that you had consensual sex

3) no promise for marriage was ever made by him

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

1.You didi mistake of getting into affair with a maried man.

2.Now if he refuses to marry you nothing could be done.

3. He has a family Do not ruin them.

4.You stepped into his life willingly and now seeing his true colour rather move on life and search of another aprtner.It is good for all of you.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. There is nothing you can do as one cannot force anyone to marry him. No court can order him to marry you.

2. You had sex with him with your free consent, which does not make him liable to get married to you. Even if you had evidence of him telling you that he will marry you it would still not have made him liable to honour his promise as a promise to marry someone can always be changed due to subsequent events.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. if you have address of last known residence or any details about his identity then you can file a case for the offence of rape.

2. it is duty of the investigation officer to search him if you provide some clue.

3. establishing bodily relation with fraud constitutes rape which is punishable under section 475 ipc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The live in relationship is voluntary without any conditions attached to such relationship.

You cannot force him to marry you just becasue you were in relationship with him.

Also since he is already a married person and his spouse is living, he cannot marry you without divorcing her or else it will be an offence he as well you may be booked under the bigamy offence if he marries you during the subsistence of the previous marriage.

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

I want him to marry me. I dont have any solid proof where he is saying that he will marry me.

You cannot demand this from him without any promise from him to marry you while he indulged into sexual relationship with you.

If you still insist to get him punished for his refusal, you may lodge a complaint with the local police for this cheating under section 417 IPC for getting him punished for the offence, which may force him to come to a decision on this relationship.

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

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