• After promise for marriage he made relationship with me

I m from Mumbai
Here I want to know how can I give him punishment and what to do
2016 August he proposed me for marriage then we both decided to get marry in December.Then he met my parents and from there he often start coming at my home where I stay alone.And on starting I refused to having sec and said we marrying in next few month so it’s having very less time to wait .Then he Always using word that u already my wife so there is nothing wrong,i also convinced somehow and from there he keep coming and we had physical relationship..then when days get close he suddenly stop talking about marriage ,And started avoiding the topic only.Then finally when my family asked what happened he said will do it on March .again on jan he start behaving same like before just not interested.Then I decided to break up with him then again he however convinced me emotionally..Then after this I said not to come at my home and don’t wanna b physical anymore until we get marry,then he agreed on it and again in three four day he come and said I have fixed a date with my pandit ji let’s get marry on July.That day only he again make physical relationships with me it keep going like that and on May Sadly again he got his step back. My family member finally said that we all coming you let your relatives come we all elder talk now about wedding.As his mom and dad hot died his mama and Mami came at his house my family also came.Then all are met and when it comes to a conclusion he said it’s first meeting so let it like casual meeting don’t talk about marriage and all this time..again he told December and when on November he just starting behave like he so busy and forgot about marriage I said to not contact further and let me get settled and marry with other guy as me and my family wants to me get settled.Then finally it’s been 10 days and Our family about to meet one guy came for marriage proposal ,He got to know and again said on 11th jan my cousin will b there that day only will do our court marriage just don’t get marry any guy..I was not agreeing said this time family won’t understand so you ask them if they allow me this time..then he said I will handle everything just trust me.Then after 6 day of that statement on 1st of jan 2018 I asked when u will call to my sister he then said I will do it later ..then in evening I said what is this what u doing then he called my sister and said I m ready to marry her but will u take responsibility for her behaviour because I can’t take her shit...and how I m again and again got cheated by him 
Pls help me if anyone can
Asked 8 years ago in Criminal Law
Religion: Hindu

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18 Answers

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

2) he had physical relationship with you under promise of marriage and has now backed off

3)you can also file case of rape against under section 376 of IPC as he forced you to have sex

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. It is apparent that he was only interested in sex and not marriage but what evidence do you have to prove that he kept on making false promises to you. Unless it is proved that the promise of marriage from the inception was false, believing which to be true the girl agreed to have sex with the boy, the free consent is not vitiated.

2. You should collect some evidence to prove that his promises were false from inception which he had no intention ever to honour and then file the complaint.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Well,if this man has not taking refuses of lame excuses to avoid marrying you then his actions can be termed illegal if there was sexon faslepromise of amrriage.

2.Sex on false promise of marriage can be treated as rape as wel cheating.

3.So if after your repeated requests he still doesn't marry you then lodge a complaint so FIR is registered.A cheater must be punished to make him taste the flavour of law.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) Every time he had convinced you and you got trapped in his illusions.

2) Now you do one thing tell him that you're not going to marry with him and going to marry with other guy in next month.

3) After saying this you have to record on camera, mobile his all wording, physical actions, facial emotions and all those promise.

4) Then file complaint against him with proof/evidence in your hand.

If you require further more tips for call me via consultation call and give me rating.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Respected mam...

For taking legal action you have to produce evidence in court ...There can be no action for breach of promise unless a contract to marry has been made. There are no formal requirements regarding the contract. It need not to be evidenced by writing and the law prescribes no particular form of words. A promise by one person to marry another is not binding unless and until that other also promises to marry the first person. Mutual promises to marry may be implied from the conduct of the parties. 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. In modern times there have been instances of successful actions by men.

Promises to marry made by minors are voidable at the option of the minor. A minor may sue on such a promise but may not be sued, even if he or she has ratified the promise after coming of age. On reaching majority a new and independent promise to marry the other person will be binding. This distinction has been thought to be difficult to apply in actual cases and has been, variously described as “perplexing” and “somewhat subtle”, leading to “some extreme refinements”

Section 2 of the Evidence Further Amendment Act 1869 requires that the evidence of the plaintiff in a breach of promise action “shall be corroborated by some other material evidence in support of such promise”....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Since you have been exploited physically by this fellow, on the strength of his promise to marry you, you must immediately approach the CAW cell of the police and report this matter to them.

He ought not have used you physically if he never intended to marry you.

Lodge a FIR against him and get him booked.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Lodge a written complaint in ur concerned ps. They can only help u or if the concerned ps neglects to lodge ur complain register for through court concern

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

File a police complaint for cheating you and for having physical relationship with the promise to marry but now refusing to do so.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

It's false promise of marriage. But sex is consentual. Case of rape with promise of marriage can be filed but on consent point he may not get convicted in trial. Definitely case of cheating is made out. But only after you think all chances of personal settlement and reconciliation are over then file police case. Next time don't fall prey to such lame excuses of marriage. We are adults and consenting sex is matter of choice. You can refuse so beware. Good luck

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. From your statement it appears that your BF has apprehension about gelling with you in marriage and has complaint about your behaviour though he is not sure whether he should marry you or not.

2. It will be prudent on your part to discuss with him about your compatibility with each other and both of you jointly come to a conclusion about your marriage.

3. If you feel that you two are not compatible with each other and should not marry, then terminate the relationship forthwith.

4. If you think that you can adjust with each other then ask him to fix the date of marriage for the last time after which you shall be free to marry any other person without informing him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

At the maximum the guy can be prosecuted for offence under S.417 IPC and not rape. The element of consent will be in question if a girl above 18 years has sexual intercourse. Therefore, with all the documentary and other evidence, meet local and commissioner of police to lodge a complaint against him.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Dear Querist

if you want to punished him then you may file a criminal complaint against him before the police for the offence of rape

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hi,

If you are looking for the legal option then all this dhit really don't matter.

The matter which matter is the physical relationship on pretext of marriage.

You need to file a FIR against the guy for cheating you emotionally and raped you frequently on pretext of getting marriage soon.

You are thrashed and broken due to this behaviour of him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you really believe that the boys cheating on you then you can lodge an FIR under section 376 of Indian penal code on the ground that your consent has been obtained by keeping you under fraud that the boy who has committed rape on you has opted your consent under influence of marrying you. But nowadays Supreme Court is little diverted to words the boy because being a major girl the consent has been given by your own will and wish so this one is against you but you must proceed to launch the first information report

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

hello,

You can file a complaint against him for entering into physical relation with the promise of marriage and cheating.

Go ahead and lodge the FIR in the nearest police station with the prove that you two were in contact and now he is denying for marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can lodge police complaint at the nearest police station for cheating and fraud against him.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

It's rape, i can draft your police complaint.

Thanks.

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

It appears that he is behind only sex and not serious about marrying you.

You had enough of him that too have waited for more than 1 and half years.

Trusting him anymore or waiting for him to to marry you is of no use.

You can decide about your life and move on.

Do not give in to his emotional or sentimental pressures.

You are getting cheated again and again but seem not to learn lesson so far.

Punishing him is different to that of planning your future without him.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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