• Cheating case

I have been with my girlfriend who is a divorcee , we have been  7 months in relationship , we had S*X Only one time with her mutual consent, earlier she used to tell me that she will not force me to get married to her. but now when my marriage is getting fix she is forcing me to get married and all this because she is a divorcee and to get settle with me and taking this as a good opportunity. Please help me how can i get out of this situation.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

You cannot be forced to marry your girlfriend

2) it was consensual sex with no promise of marriage

3) I presume you have not sent any messages promising her marriage

4) if girl friend files false case of rape apply for Anticipatory bail

Ajay Sethi
Advocate, Mumbai
68059 Answers
4109 Consultations

5.0 on 5.0

Hello,

If you two had a consensual sex at a point of time then she can not force you marriage on this ground alone.

Stop contact with her and go ahead to settle your life. If you want you can file a complaint against her for blackmailing.

Regards

Anilesh Tewari
Advocate, New Delhi
17183 Answers
265 Consultations

5.0 on 5.0

In that case She can file a rape case on promise of marriage. If you have the AB then you will not be arrested. You can defend the case by saying that though there was a promise to marriage (if she has the messages) but no sex was involved.

Also, you may deny the veracity of such messages.

Police will conduct the investigation and will accordingly file its report.

Regards

Anilesh Tewari
Advocate, New Delhi
17183 Answers
265 Consultations

5.0 on 5.0

There is nothing to worry about. She is just trying to blackmail you.

You have not committed any offence, for you established physical relationship with her consent and she was well aware of the fact that her marriage with you might not have seen the light of the day. Being fully aware of the consequences of her consensual act, no offence is made out against you.

Vibhanshu Srivastava
Advocate, New Delhi
8719 Answers
142 Consultations

5.0 on 5.0

You have to contest the rape case if any filed against you

If you have promised her marriage then your girl friend can file cheating case against you for breach of promise to marry

Ajay Sethi
Advocate, Mumbai
68059 Answers
4109 Consultations

5.0 on 5.0

If she files a rape case against you you will have to prove your innocence.

Having sex with mutual concent does not amounts to rape but having sex on pretext of marriage amounts to rape by immotional pressure of compromise.

Please try to get something concrete as proof to save you from the future problems.

Vimlesh Prasad Mishra
Advocate, Lucknow
5577 Answers
19 Consultations

4.9 on 5.0

Respected sir..

This is not the first case in the society ..The question is here did she have any proof against you for the physical intimacy ...Did any videos of that exists any audio clip or massages relating to that ...And telling you like a brother precautions is better then caure...Just enjoy she might don't have any proof and she had if any just take anticipatory bail and contest case I am 100% court will decide your case in your favour ..No need of worry just enjoy...But with care and protection...

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Sir, sex with mutual consent does not amount to rape. The fact that you were in a relationship and had sex is true, but ending the relationship does not make sex with mutual consent to rape. You need not worry and if she files a case then file anticipatory bail and i am sure that the court will grant bail. Then you will receive summon from the court to face trial for the alleged rape.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

Hi

If she files a rape case then please forget about the anticipatory bail as it is a non bailable offence and courts are very strict in this matter but truth is that you have not committed any rape you may be acquitted in the end or can get the FIR quashed in High Court if you have some strong facts in your favour other than your declarations.

So try making her understand that you cannot marry her .

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Firstly, try to find out some messages which shows that you did not promise her to get married but still she gave her consent for physical relation.

Secondly, no matter whether they are before intimacy or after but what matter is that somewhere she stated that she is ok with physical relation without getting a marriage prise from your side (no need to be so specific but shows something in this regard of conversation).

Thirdly, you go ahead and file a complain that she is threatening you to get married to her and you are having all proof of denying the fact that you ever promised her for marriage. Police may not file case against her but at least get the receiving copy so that you can use that in future for your defence while applying for the anticipatory bail.

Good Luck

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

1. You had sex with her with her free consent, but this is not what the girls say in their complaint when they go to police station. They say that the boy had promised marriage to her, and relying upon that promise she had consented to sexual intercourse. Hence, the FIR for rape gets filed against the boy.

2. If and when the FIR gets filed then apply for anticipatory bail and thereafter depending on what is stated in the FIR you may either file a petition in the High Court for quashing of FIR or face the trial.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

1. Some times, even phone bills, phone recordings also proof that you were in relationship with her.

2. Rape victim should be sent for forensic medical examination with in 24 hours of the incident reported. Otherwise she can not file rape case against you.

3. If you anticipate arrest then apply for AB.

4. Keep proof of her divorce related documents.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Sex on the promise of marriage does not amount to rape. Yes, if she files FIR then you must be prepare with the anticipatory bail.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

After having a sex a women need to go through medical examination which should be done within 48 hrs of the sexual act. She need to prove that the sex between you is without her will. It is much lengthy process to follow.

If she files FIR then its better to take anticipatory bail which will protect you from the arrest. Don't be panic, even if she went to court you can get a good advocate to defend for you, and if you are sure you have not promise her anything.

If both the partners are ready to have physical relation without any force will not lead for a rape.

Suvarna Nage
Advocate, Pune
9 Answers
2 Consultations

4.0 on 5.0

If the consensual sex was not on the promise of marriage, you can very well deny her proposal.

She cannot file any complaint against you in the police for cheating under section 417 because it was consensual sex without any promise made.

It will be easy to prove that since she being a widow, but you must exercise caution in future while handling this issue, and try to solve the issues amicably so that you dont get your future proposed married life ruined.

T Kalaiselvan
Advocate, Vellore
57756 Answers
730 Consultations

5.0 on 5.0

I am not 100% sure that i have sent her any messages related to this but i am 100% had never promised her to get marry. can you let me know what will happened if she file a rape case and i have taken anticipatory bail what will be next.

There is no question of rape in the consensual sex.

The police will not accept a complaint on rape since it can be very well seen that there was relationship between you both and there are no chances of rape, however if she prefers a complaint with the police, first you get AB and then challenge her case in the court of law on merits.

T Kalaiselvan
Advocate, Vellore
57756 Answers
730 Consultations

5.0 on 5.0

It's not easy to file rape case. Rather if she is doing so you have too much material to prove yourself innocent. Highcourt is other way to quashing FIR in merits.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer