• False accusations from live in relationship

This is to inform you that I have been living together with my girlfriend since January 2017. (She called off a marriage with another person previously).
Initially, everything went smooth and we even had consensual sex.
However, for the past few months, I am being treated in a very bad manner by her, plenty of abuses, irritation, filthy behaviour and she is accusing me of forcing on her (rape), breaking her previous marriage and domestic violence.
Sex was always consensual, she received the motivation from me to break her marriage in the past and small tiffs happened, which never transcended to serious domestic violence.
Her behaviour has completely left me in a very terrifying situation. I'm scared to stay with her.
And whenever I'm asking her to find a seperate place, she is blackmailing me with threats of suicide. As a result, my life routines have completely messed up and I'm on the verge of a complete breakdown.
She is incapable of finding a new place for her and I am being made to suffer with threats from her for that.
Please help. I don't want to mess her life. And I don't want to mess mine as well.
Asked 6 years ago in Criminal Law
Religion: Hindu

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18 Answers

1) As you told you both are leaving on living relationship.

2) Had you informed you're and her parents regarding this what mess has been happening between both of you.

3) Try to be more open in relationships with close relatives like parents and with her parents.

4) Get one get together session with your and her parents and explain all what happened in past life and what are your future plans.

5) After this still you face same problem than visit to police station and file complaint against her about what she says.

If you require any more help, please call by selecting consultation call.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1) you should record her abuses

2) you had consensual sex with no promises of marriage

3) you can file Police complaint against her in local police station on account of her constant threats to commit suicide

4) if she files false Police complaint of rape apply for and obtain Anticipatory bail from

Sessions court

5) you are at liberty to break the relationship and shift to separate residence

Ajay Sethi
Advocate, Mumbai
94815 Answers
7557 Consultations

5.0 on 5.0

1. Live in relationships in India are a recipe for disaster for the males as in most cases the female partner eventually files the complaint of rape against him.

2. You are free to put an end to the relationship. If she goes to the police station and files a criminal complaint against you then obtain anticipatory bail.

3. Send an advance intimation to the jurisdictional police station to express your fear that you may be implicated in false cases.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You must immediately write the entire thing in detail without leaving a single gap or single hesitation of whatever is happening with you. Lodge a General Diary with your local police station over speed post seeking protection.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1.Live in relationship often comes with this kind of danger . So you will accept this as a job hazards.

2. Yes, if you leave her she can lodge complaint of cheating and rapein which the chances of gettting arrested and not getting bail early remains very high.

3.So you will have to resolve this amicably so either you marry her or part ways peacefully.

4.if you do not wish to marry her or moving on mutually is not possible then you will have to change city, contact number etc so she can not know your whereabouts.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Though the live in relations provide the individuals individual freedom but due to the insecurity it carries it with, there needs to be a law to curtail its disadvantages. Live in relation which can also be referred to as cohabitation, in essence, is an arrangement whereby two people agree to live together on a permanent or long term basis in a sexually and/or emotionally intimate relationship. 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. 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.

A woman under DV Act is entitled to claim remedy in case of physical, mental, verbal or economic abuse. In addition, remedies are conferred for alienation of woman’s property and restriction from use of facilities to which the abused is entitled. The abused has been granted several rights and protections under this legislation. Abhijit Bhikaseth Auti v. State Of Maharashtra and Others 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.

So you have to face the consequences, if she files complaints. In such circumstances contest the case. You can file Police complaint against her on account of her constant threats to commit suicide. You have freedom to break the relationship and shift to separate residence any time.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

You move into this live-in relationship out of your free will and consent, and likewise, you can move out of it, as and when you decide.

She can't coerce you to stay into this, just because she wants this to go that way.

Instead of her, you are advised to move out and change your residence.

You cannot be punished for consensual sex.

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

Respected sir...

Your situation is very critical ...And here we just have a option available to convince her to live happily and acpt a procedure of live and let live ...Sir she had number of options available to implicate you in a false case of 376 of IPC which is not so easy to come out from that ...Sir first try to convince her then if shee agree than its OK if se doesn't agree just ask her to marry with you I am not saying to stay with her just saying to marry and take divorce because sir matrimonial cases are much easier than rape case ...You have to make your mind what you want...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Hi,

Getting in to live in relationship is really easy but to get out is so difficult and the law also does not permit the easy exit.

She have options open and every case you need to prove you self Innocent. Consensual sex in pretext of marriage in live in amounts to rape. So please try to console her and find an amicable solution to exit from this situation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You have to get rid of her first by moving to some other place. Block her calls and do not have sex with her as she may attempt to file a rape case with false allegations. Don't yield to her threats. Police will not entertain any of your complaints as it is live in relationship, therefore, you have to find ways to avoid her. There are several ways to get rid of her and you will be in trouble as long as you intend to continue the relationship.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello,

You will have to take some strong step. Give a NC to the nearest police station with regards to the same and move out of that home OR do one thing slowly and steady start going out of the home for longer duration and then leave the home.

Also, make her understand that things does not works out like this. More than a legal solution you will have to handle the situation wisely.

Note: The SC has held that the consensual sex does not amount to rape, so do not worry about the same.

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If she is not leaving you and look for a residence elsewhere and if this is a rented premise, you may plan to shift yourself from this place to some other place, there is no compulsion on you to continue to live with her in the same place.

Actually the live in relationship is not a binding relationship, it can be broken as and when the parties decide to part with each other for any or without any reason.

Her suicidal threats may be tackled properly by either issuing her a legal notice to refrain from such sentimental blackmails or a police complaint may be lodged on the threats posed to your peaceful living atmosphere.

Consensual sex is not considered as rape, and if it is not on promise to marry then it cannot even be considered as an act of cheating or a crime.

You can ask her to proceed, for which first you get enlarged on bail and then challenge the same in the trial court properly.

T Kalaiselvan
Advocate, Vellore
85011 Answers
2208 Consultations

5.0 on 5.0

Hello sir , she can level false allegations of rape agianst you .. It is advisable to convince her to settle things mutually .. If she do not understand , you should end this relation and move out of her place .. I

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Live in relationship is not illegal, if it is consensual. Rape victim should be sent for forensic examination ( semen analysis, injury marks ... etc ) with in 24 hours of incident reported. Since your relationship is consensual sex, she can not file rape complaint against you. So you need not worry here.

2. If at all any false complaint is filed then immediately approach lawyer to apply for anticipatory bail to evade arrest.

3. The suicide threat of her should be reported immediately to near by police station to avoid any future complications.

4. If needed, take her to medical counseling.

5. You may get back to me, if you need more info. on this.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

probably she needs some money. talk to her about money first.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

You need to file the NCR (Non Cognidable Report) at the nearest police station about all the victimisation you had.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You and the Girl Friend have already messed up your lives.

Speak to some elderly person or a NGO, to intervene and try to settle the issues.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi

Simply make a written statement against her in the local police station stating the facts you mentioned here and say that you will not be responsible for any harm she does to herself in future.

This complaint will make police officials to call you both in the police station and there you can demand that you don't want to live with her anymore due to her rude behaviour towards you.

Be the first one to shelter of law.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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