• Physical relationship with consent and without any promise for marriage

I contacted a girl through matrimony site. On sharing contact details, we met first at her town. One thing led to another and we started making out on her building's terrace. Since then we met and were in a physical relationship. I did not ever promise for marriage or never said that I love her and it went on for few months. Now things got sour, she expressed that she is deeply in love with me and wants to get married. When I offered resistance, she came barging at my home where I stay alone and was forcing herself on me. I had to lay hands on her to calm her down.
Now she is threatening me or rather already in process of filing a complaint against me. 
I Have all whatsapp communication with her stating the above incident in brief.
Kindly advise my next move. Have I committed a crime under law?
Asked 4 years ago in Family Law
Religion: Buddhist

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29 Answers

If you two had consensual sex, and you did not exploit her on the strength of your promise to marry her, she cannot turn her back at you at this juncture and maintain a case against you.

The law on this point is clear, and Consensual Sex without any deliberation about Marriage is not rape.

No case is made out against you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

No per se you have not committed any crime under law, but she can make out a case by saying that you promised marriage or you used force on her.

As of now you do not have to worry, just make things clear to her that you do not want to marry her and it will be good that if you two refrain from talking to each other now.

If after that also she threatens you then lodge a complaint before the police station.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It was consensual sex with no promise of marriage

2) no case of rape is made out against you

3)if false case of cheating or rape is filed apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

If you had not expressed your desire to marry then it can be your defense but however what may go against you is the fact that you approached her through the matrimonial site. The Indian Penal Code says that you if under the pretense that you shall marry someone, you make that person indulge into intercourse, you are liable to be punished under the Indian Penal Code.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

Laying hand will not let you in a problem.

Also if she does not raise any complaint for a while then you will have a strong case on the ground of delay.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Off course they will support you.

If she has agreed to this effect, she cannot turn her back at this juncture at blame you for all that had ensued. She is an adult and was well aware of the repercussions and consequences of her act.

You be cold now, and do not react to any of her moves. Based on the future course she follows, you may design your legal strategy.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can rely upon what’s app messages exchanged with her

2) girl can take the plea that you had promised her marriage

3) you should take the stand that although you met through matrimonial website you never promised marriage

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

"She has agreed that i never promised her verbally but said that it was "understood in common sense" that since we met on matrimony site, we met for marriage."

If she has stated that you never promised, it can be a good defense.I would need to see the messages before I can provide a proper suggestion.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

In India this is very common rape case is filed after consentual sex and failed affair or relationship. You need to take Anticipatory bail to avoid arrest from police station.

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

THE ‘live- in-relationship’ is a living arrangement in which an un-married couple lives together in a long-term relationship that resembles a marriage. The Hindu Marriage Act 1955 does not recognise ‘live-in-relationship’. Nor does the Criminal Procedure Code 1973. The Protection of Women from Domestic Violence Act 2005 (PWDVA) on the other hand for the purpose of providing protection and maintenance to women says that an aggrieved live-in partner may be granted alimony under the Act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

That is mot possible. Obtain AB at the earliest if if she has filed a complaint.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As I said first take ABA then think of every other thing. No one can be forced for marriage

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

Just for your information, consensual sex even with intention to marry is not rape.

Read this: https://www.ndtv.com/india-news/consensual-sex-with-intention-to-marry-is-not-rape-supreme-court-522845

The above is from the case of: Deepak Gulati Vs. State of Haryana.

Citation: (2013) 7 SCC 675

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You cannot be forced to marry her.

If any FIR is lodged against you, pursuant to her complaint against you; you can easily obtain anticipatory bail.

You can also take your chance to challenge the FIR in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You cannot be forced to marry her against your wishes

2) Police would issue you notice to record your statement

3) apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

No, you shall not be forced to marry her. You should also file a complaint with the police stating that she is criminally intimidating you and blackmailing you.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

not possible that smone ll force u to marry wd her.Wht fact she had mentioned in her complaint

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

No one can force you to marry anyone even the Supreme Court of India has held that sex with consent does not call any criminal liability on them. You should keep conversation as evidence and if any false complaint is filed against you. You have valid evidences and she can cause no harm to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A causal physical relationship with attempt not have any strings attached often fraught with danger and you are no less a better person to realise this.

Do note that if she lodges a complaint of sex on promise of marriage and use of force as well to do this then FIR under section 417,376 IPC can easily be registered and once that is done the Police can arrest the accused person at will.It is further to be noted that after arrest getting bail becomes little difficult.

So applying for anticipatory bail remains the only option ot avoid rigours of law for sometime.

In other words to escape from the clutch of law resolving the dispute amicably is best suited for you.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

first of all no one can force you marry any one. and as far as the issue is concern let her file the complaint. you have all the freedom to defend you self and you can related you part of truth to the court or any legal body where she has approached don't be afraid these are arm twisting methods to extract money. if you want things can be sorted out in mediation when ever court allows.

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

You should be prepare with the anticipatory bail with the help of any local advocate and further you can contest the complaint with all your evidences.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi,

You are suggested to file the complaint against her for blackmailing.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The police may not consider it as a rape case even if her complaint states that, but they will certainly book a complaint under section 417 IPC for cheating offence i.e., for having sex with her under the false promise of marriage.

In that event you may first obtain anticipatory bail and then can either challenge the case or you can enter into a compromise with her at a later stage however you may feel so.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

The whatsapp chats or screen shots may not be admissible as primary evidence until she admits them to be genuine during cross examination, if not then you may have to fight it out by some other means only.

Laying hand on her may not be admitted by you, you can deny this outright, let she prove it if she believes that she has a point in it.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

As per my conversation with her today, she has already filed a complaint. So i cant play the delay card now. She is saying that I will be forced to marry her now. Is that possible?

If she has already lodged a compliant, you may confirm the same while you receive notice from concerned police station or at least a phone call from them.

Be alerted in the event of any such message,rush for anticipatory bail immediately after that and then play safe cards during trial proceedings by engaging a skilled advocate.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

I ou take the defence that you had consensual sex with no promise of marriage

2) that she had sex with other guys too

3) mention name of your friend with whom she had sex

4) your friend testimony in trial will help your case

5) don’t inform your girl friend of recrording in your possession

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Since she had spoken to your friend in this manner you can rope him in as an evidence to support your claim that she is of loose or immoral character and also produce before IO of police the audio recording where she admits her relationship with the other guy too.

This will prove that she has lodged false complaint.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Sir it is better to file a police complaint informing that the girl is threatening you and intimidating for false cases further she cannot force you to marry in any condition. Further there are judgements which clearly states that the sex in love relationship is not rape. Further if the evidence is not clear that it is evident do not use it till it till it is at most necessity in case she goes against you.

Further the call recording can be checked in FSL report to establish that it is not altered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Just wait till she files anything. Tell her that if she files any Complaint you have also evidence of her affairs and will expose her in Court. Don't tell what exactly you have

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

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