• Blackmail by girlfriend

My gf is trying to blackmail me as our relationship is stained now and on verge of breakup. It's actually kind broken. Bt still she calls everyday and fights the whole day. We had physical relation with each other and actually it was she who wanted that to happen and I had tried to stop her from doing that and said after marriage only we will do. Bt she said she wants to ....now she is using that to blackmailing. bt I have proof in phone call records and text message where she accepts she was the one who persuaded. Bt I'm still very heartbroken
Asked 8 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) don't answer her calls

2) send her message that you don't want to meet her any more

3) request her not to call you any more

4) if girl files any false rape case apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

No need to worry. You were adults and consensual sex between two is not something to be worried of. The Supreme Court judgements are in your favour.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Most of the beak ups entails this kind of blackmailing only.

2.ANyway ty to douse the fire in a diplomatic manner only.

3. If her threats becomes realthen inform the police.

4.you can talk ot her aprents for her ic nessant calls and threats.

I think after some time she would calm down and settle with someone else.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Does your gf have evidence of your physical relationship with you? If yes, then you are on weak wicket .

Therefore , assess the evidence she can produce regarding above and if possible try to settle issue amicably.

2. She may book you on charges of false promise of marriage and rape.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

First you understand up to what extent law will help you and throne out your fear.

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 a fully grown up girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act induced by misconception of fact and Section 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her.

But even after Supreme Court verdict, in July 2010 Justice Ambadas Joshi of Bombay High Court while acquitting a man, 42 years in a rape case, observed that sexual relationship after promising marriage and reneging on it does not amount to rape. Rathod, then 30 years old, was serving at a forest office near the victim's house. He developed physical relations with her and promised marriage. She informed her parents when she became pregnant and Rathod was arrested following a complaint lodged by her parents. Charged with repeatedly having sexual relations with an "underage" girl the sessions court sentenced him to 10-year rigorous imprisonment.

So in this juncture if girl files any false rape case then apply for anticipatory bail .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Hello,

I understand your condition, let me tell you at the very outset that you do not need to worry about the fact that she is blackmailing you. In such situations usually nothing happens more than blackmailing and all.

And please cheer up and try to talk to some close relative and friend.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you don't want to continue this relationship you can straight away inform her and keep away from her.

Snap your ties with her by blocking her number, block her Facebook and all social media accounts, avoid meeting her anymore.

If she still insists then you can lodge a NCR with local police about her threats and blackmail.

You can also send her a legal notice instructing her to refrain from indulging in such illegal threats and blackmail activities.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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