1) no case of rape is made out

2) you had consensual sex

3) no promises of marriage were made by you

4) in case girl friend files rape case under section 376 of IPC obtain anticpatory bail from sessions court

The Bombay High Court refused to accept that an educated, adult woman could term a consensual relationship as rape after the man allegedly promised to marry her but then failed to deliver on that promise.

The court was hearing the anticipatory bail application of a man who had entered into a relationship with a 24-year-old woman , she had filed a case of rape at the Goregaon police station.

“This cannot be rape,” said Justice Mridula Bhatkar, while granting the man anticipatory bail. “You [the complainant] can say no. You are educated and a major; you have the right to say no… I grant bail in such matters because it is not rape.”

The complainant’s lawyer, Aniket Nikam, claimed that if she refused sex the man would assault her and that although he had promised to marry the complainant, he had actually cheated her with a false promise. He contended that the woman had conceived and that following pressure from the man went for an abortion. “Thereafter she found he wasn’t ready to marry,” said the order, recording the lawyer’s submissions. “She helped him financially under the excuse he would marry. He cheated her by giving the false promise of marriage.” Manoj Mohite, appearing for the accused, said it was a relationship of mutual consent and not of rape. The court said, “Considering the age [of the complainant], I am inclined to grant bail.” The man was further ordered to post a surety of Rs 25,000 and ensure he does not in any way attempt to get in touch with the woman.

she cannot pressurise you to live with her. according to judgment of Indira sarma case :

1. live in relationship is a contract.

2. both parties can live separate by their consent.

3. divorce not needed.

4. no other marital liability incurred.

5. hence no offence of rape is made out.

6. hence no offence under domestic violence is made out.

Dear Concerned,

yes she can file false case against you but not against your parents -as the live in is with you and parents are not involved.

You may consider multiple things - you may choose to just leave her and go away and some other place then off your parents

Else you may also choose to file a detailed complaint to your nears rest police station stating the facts on this relationship and mentioning clearly that you're now being blackmailed for money And you might be framed in false cases of rape etc.

This complaint may come handy if the girl files any false complaint

1. This is what lies in store for a man in India who commences a relationship with a girl. She may now file a complaint of rape against you alleging that she had sexual intercourse with you after you had promised to marry you.

2. Send an advance complaint in writing through a registered a.d to police to intimate it about your apprehension of being implicated in false cases by her.

There is no specific law on the subject of live in relationships in India. There is no legislation to define the rights and obligations of the parties to a live in relationships, the status of children born to such couples.The Court said that a man and a woman can live together as per their wish even without getting married. It further said that it may be immoral for the society but is not illegal.

No one can forcefully married.If you are not interested you can withdraw from the relationship. An action for breach of promise to marry may be taken by a man as well as a woman. The charge of Rape is not attracted in your case.She can file false case against you. Then you may take anticipatory bail and contest the case on merit.In Varsha Kapoor vs UOI & Ors., the Delhi High Court has held that female living in a relationship in the nature of marriage has right to file complaint not only against husband or male partner, but also against his relatives.

Hi, if you going for cut her relationship all of a sudden then she will lodge a police complaint against for the offence of the rape. You have a physical relationship with her also so better you can avoid her relationship by step by step so that you can avoid police complaint.

2. You have to tackle the issue very diplomatically.

1. Every relationship has its inherent pros and cons and if anyone think that Live In relationship is like no strings attached then he is seriously mistaken.

2.Do note that your partner now can implicate you in case of rape on the ground of having sex on promise of marriage Case of cheating may also lie.

3.She can also file case for maintenance and damages under PWDV Act also.

4. So deal with her accordingly as if she seeks legal recourses you will be in great trouble to say the elast.

1. Collect evidence of her giving such threats to you for lodging false complaint of rape and DV against you by secretly audio/video recording her such statements.

2. Also record her statement that you were in consensual live in relationship without ever deciding to marry each other.

3. After collecting the said evidence, lodge a police complaint against her for trying to black mail you and force you to stay with her against your wish.

4. Thereafter, take other rented accommodation and choose to shift yourself to that place.

5. One month before taking the said step, stop having penetrative physical relationship with her to ensure that she can not medically prove that you had raped her.

6. If she lodges any police complaint and police registers FIR against the said complaint, avail anticipatory bail and contest the case fittingly.

Hi, consent sex can not be charged as rape ( according to supreme court ruling ) . Further details you may contact me.

thanks,

adv.niranjan,

mob/whasapp - .

The frustrated women after break up of live-in relationship cannot lodge any complaint for rape nor cheating.

The apex court in a case observed that

It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication...there is no presumption or any basis for assuming that the statement of such a witness is always correct or without any embellishment or exaggeration.

Live in relationship to be understood in simple terms is an arrangement between an unmarried couple to live together without the duties and obligations of a marital relationship.

It is thereby imperative to say that a woman must be protected from domestic violence whether she is in an adulterous relationship, a live-in relationship or in a marital relationship but at the same time it is not logical to confer a presumption of of marriage in a relationship which was an escape from such duties and obligations at the first place.

However no rape case can be maintainable