Hi there I have been in live in relationship with a guy we were meant to be married in November and almost got married in May this year but didn't happen because I gotta know about his involvement with another gal so it was postponed to November and at the same time I kept on asking him to go back to Noida and stay with his parents, I have the proofs for the same. Also I have the copy of the affidavits notice copy from the registrar's register along with all the messages and recording between me and the guy and his brother as well as his mother before and after may. He has visited my place several times after may and I have visited many times before and after may to his place in noida. Now all of a sudden he has left gurgaon and gone to his parents and since then there is no contact with him or his family even after me trying hard to get in touch with them to know what's happening. Even my father had tried to contact them but had no luck as none of them are picking his calls. What can I do now as my mother isn't well and she is still expecting the marriage to happen in November??? Me and my dad hasn't told her anything yet about the guy not talking or responding??? Also, there was another case that I filed last year in Oct for the forceful sex against my boyfriend which is still pending for the conviction in the court of India. Would that imply that people will judge me for that? Would that mean that just because I have come across 2 guys in my life who have either forcefully had sex with me on account of love completely without consent or on promise of marriage to me n my family???
1)if your boy friend had physical relationship with you under promise of marriage and subsequently refused to marry you file case of cheating , rape against him under section 420 , 376 of IPC
2)when police call him for recording his statement he may compromise with you and agree to marry you in November as originally agreed to
3)you should not bother about what people think about you
1.The conduct of this person makes us to think that he is probably leaving you.There doesn't seem to be any other explanation.
2.If that is so then you have two options- either to forget this man and move on in life or to lodge a complaint with police about cheating and sexon primise of marriage.
3.So as per your convenience you may decide the future course of action. Do so after giving some time to come back.
Dear Concerned,
You will get multiple opinions on your subject and acting on those line is something totally on to you - However lets understand the Positive side of the above situation other than being pessimistic.
You have a pending case of forceful sex already pending in Court - which means you practically will not file a new case of such nature - and in case you do such case will take a toll on you existing case - creating a wrong image of you. Hence stay away from any such case or thoughts.
Now - here is a Guy you are / were in relation with and about to get married - however suddenly this person does not want to stay in touch with you - Which means he is definelty not interested in getting married to you and hence distanced from you.
There are multiple legal options that are available to you to file against this guy - BUT please think - WHAT IS IT YOU WOULD GET and WHAT IS IT YOU WANT FROM such cases - you will end up embarrassed, ruined, broken with these case - as that is for sure once you file a legal case this person will not marry you.
LOOK at the POSITIVE side - you got to know about how the person is - much before marriage - imagine if same is done to you post marriage - it would be a catch 22 situation and you will be middle of no where - I assume today at-least you have a job and your life at your own hands.
It is strongly suggested - just forget this part of your life AS IT NEVER happened - You would definetly get someone who can commit himself to you - for the time give mental peace to your self - IGNORE the thoughts be positive - be good to yourself and enjoy life.
For any confusions or questions please feel free to contact us ----
Best of luck
Marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. A forced marriage is a violation of human rights, as well as a form of Gender Based Violence as it usually involves mental abuse, emotional blackmail and coercion from either the family or society. Many cases also involve physical violence, abduction, detention, threat of murder.
‘Live-in relationship’ is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time.
For a marriage to end, divorce which is a well defined concept in family law needs to be applied.Supreme Court of India observed that, if a man and a woman in love decide to live together as a couple, it is well within their right to life and by no means can be deemed a “criminal offence”. Supreme Court ruled that if an unmarried couple of opposite sexes live together for a prolonged period of time, they can be considered as man and wife.If the man has a live-in arrangement with a woman only for sexual reasons, neither partner can claim benefits of a legal marriage.
Having sex with a girl on the false promise of marriage and later refusing to tie the marriage knot may amount to commission of rape, particularly when the boy from very inception had no intention of marrying the girl. There can be no action for breach of promise unless a contract to marry has been made. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman. You have a pending case of forceful sex against boy friend .The same time other guy who intended to get married with you but now look to be withdrawn from, promise.
You can file case against this guy but you may trouble to answer your previous case and become materialized as a bad girl
The two boys have no intention to built up a good family life with you. They only want pleasure . So better avoid two of them and find out a good relationship
Basically, you're in a very peculiar situation. If you've been physically exploited on the strength of promise to marriage extended by him, you may move a Complaint against him. This way at least the Police will trace him and this will pave way for an interaction betweens you two. If goods sense prevails, he might come at terms with you and be ready for a marriage.
As regards to your second question, the Indian Society and it's beliefs have fairly evolved. So if the people around you are educated and understanding, they wouldn't delve into the activity of judging you or framing opinions regarding you in the light of facts narrated by you.
Thank you so much everyone for all your responses and advises. I have filed a FIR under the same section as before 376 with the local police station but nothing seems to be going as per my will. I have to keep forcing the officers to take the evidences like the clothes which were left over in the laundry bag of the last sexual intercourse as well as the messages, pics, whatsapp, emails etc specifying that he has been wanting to marry me and have been referring me as his wife to almost everyone around. He even hurt him once because I asked him to leave by cutting his left arm. He has even messaged me stating the same along with the fights that he has done at his place to get married to me. I am not an Indian national, would that be of any help to me in case I go through my embassy? I have visited everyone in regards to this matter like ACP DCP CP but nothing seems to be really working. Later on I was advised by one of the DCPs that he would change my IO so that things can be moved forward as the officers in the police station as well as CP has been judging me because of my old case. I gotta call from the same IO though few days ago asking for the accused address in noida which has been mentioned everywhere.. Why would that be asked again?... When that's something being mentioned in the complaint given to CP DCP police station, my 164 statement, etc etc Does that mean everyone is biased to help him in some way or the other because of my previous case? Does that mean they are judging me already? Does that mean nothing would be done to a guy like him who promised not only to me but my sick mother who is still in the misconception that the marriage would take place in November? Nothing can be done to a guy who has made one of the gals pregnant and aborted her child at fortis hospital? Which I came to know later on Nothing would be done to a guy who wanted to have physical relation, use my and my parents money, play with our feelings in terms of love and marriage??? He would be save just because probably he has been planning from a couple of months how to get away with it as he was aware of my previous case? Just because I trusted him n his family I would be punished for that??? He was able to convince me for marriage as I was not at all willing to marry him at the first place and now that I am ready he will get away with everything so easily? I want him to apologise to my sick mother like anything because she is still wishing and expecting things to happen next month. She has no idea that he is left for good and not talking to me. What can I do to punish someone who was aware of my mother n her health conditions at the first place and still he did this and doing all this to me? I told him beforehand not to play with our feelings because this time it's gonna be more than just being a boyfriend girlfriend situation. He has visited my place with me and I have visited his many times. Please SOS
1)file RTI application with police station as to what action has been taken on your complaint
2) if police are not investigating complaint filed by you then file writ petition in HC to direct police to complete investigations and file its final report within stipulated period
3) you would not be punished if you trusted the guy
4)you can keep your embassy posted of complaint filed by you
File a writ petition in the High Court to seek proper, fair, speedy and effective investigation. Also seek a direction in the nature of mandamus directing the Investigation agency to take action against this fellow. This way you may expedite the whole thing.
Going by the Embassy route may also help you.
1. You cannot be judged on account of the criminal complaint that you had filed against your previous boyfriend, but if you now file a case against your present boyfriend with whom you were in a live in then he can surely refer to the previous case filed by you against the other man and seek to prove that there is a set pattern of behaviour on your part which demonstrates your penchant to institute criminal cases against men if the relationship goes to rocks. Such a defence, if availed by your present boyfriend, may receive serious and favourable consideration at the hands of the court. This is not judging, but a permissible attempt to impeach the credit of the witness under the Indian Evidence Act and a dispassionate evaluation of the defence to determine whether the case has been actuated with malice.
2. Please bear in mind that a promise to marry is not specifically enforceable under the Indian Contract Act. A promise to marry can be revoked by the promisor due to subsequent events which. One such example of a subsequent event can be the subsequent dislike by the promisor for the promisee. You had sexual intercourse with your free consent, no offence is made out. Even a live in does not bind either the male or female partner to marry the other. Unless you have strict evidence to prove that from the inception i.e the time at which he made the promise to marry you, he had no intention to honour it, you have no case on merits. While you may be able to give him initial jitters as his bail petition may be dismissed, but eventually he will be acquitted or the FIR may be quashed.
Firstly you cannot force a person to marry you against his wishes.
The previous episode has nothing to do with this
If your present boyfriend is not willing to marry you then you cannot do anything about it legally.
Evan a criminal complaint about cheating or breaking the promise will not be maintainable because he may cite that your previous complaints or activities involving another person ion your life depicts your character hence he is no more interested in getting married to you. You cannot avoid that situation.
The advantage with you is that you are a foreigner.
You can put pressure through embassy on this to direct the concerned police to expedite the investigation and place the case before court at the earliest.
From your contents it can be seen that he has utilised your money also with an intention to cheat you all heavily.
You can file a complaint on this money cheating case and can make the other complaints in the same complaint, i.e., his intention to cheat you in the name of marriage etc.
You can file FIR for the offence of cheating punishable under section 420 of Indian penal code. You should mention last known address thereafter it is responsibility of the police officer to find him. You said that one another case is pending against your ex boyfriend, this case does not call Jenny impact on this matter because according to Section 52 of the Indian Evidence Act facts of this case is irrelevant and court cannot accept it to form any opinion about your conduct.
