Breach of promise to marry is simply refusal to marry on part of either boy or the girl and it is not an offence as such under Indian law. No action can be taken against a person under Indian contract act for breach of promise to marry.
Below are the few points on live-in relationships and can book for the same case. Meanwhile you can extend her visa in the India
1) Children born out of live-in relationships are eligible to be maintained by both the parents and can succeed in inheritance of property of the parents.
2) Domestic Violence Act also includes live-in relationships.
3) Indian courts also tend to look at long term live-in relationships more or less like marriages with application of maintenance laws. The court has held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship. One night stands and spending weekends have been excluded from the scope.
SC says woman in live-in relationship to be considered wife unless proven otherwise :
Marriage is a sacred or contractual relationship in India. Marriage, as its legal consequences, entitles both the persons to cohabit; the children born out of a legal wedlock have legitimacy as legal heir; the wife is entitled to maintenance during and after the dissolution of marriage. To avoid these obligations and to enjoy the benefit of living together, the concept of live-in relations has come into picture. Live in relationship provides for a life free from responsibility and commitment unlike as in a marriage.
Live-in relationship defined : It is a living arrangement. It is “an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage". In this relationship an unmarried couple lives together under the same roof in a way it resembles a marriage, but without getting married legally. This form of relationship does not thrust the typical responsibilities of a married life on the individuals living together. The foundation of live in relationship is individual freedom.
No specific law recognizes a live in relationships in India. No legislation is there to define the rights and obligations of the parties and the status of children born to such couples. A live–in relationship is not recognized by Hindu Marriage Act, 1955 or any other statute. In the absence of any law to define the status of live in relationships the Courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary.
The Protection of Women from Domestic Violence Act 2005 provides for the protection,maintenance and right of palimony to a live-in partner, if she complains.
Judicial Pronouncements : The earliest case in which the Supreme Court of India recognized the live in relationship as a valid marriage was that of Badri Prasad vs. Deputy Director of Consolidation, in which the Court gave legal validity to the a 50 year live in relationship of a couple.
In Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others the Allahabad High Court ruled out that “a lady of about 21 years of age being a major, has right to go anywhere and that anyone –man and woman even without getting married can live together if they wish”.
Again in the case of Patel and Others, the Supreme Court has held that live in relationship between two adults without marriage cannot be construed as an offence.InLata Singh v State of UP & Anr. the Apex Court held that live-in relationship was permissible only between unmarried major persons of heterogeneous sex. If a spouse is married, the man could be guilty of adultery punishable under section 497 of the IPC. Since the husband survives, Rangammal cannot invoke presumption of live-in. If so the children became illegitimate and disqualified to inherit u/s 16 of the Hindu Marriage Act, 1955. Therefore, live-in relationship could be ‘a dangerous thing’ between a wife and a non-husband as it could lead to an offense of adultery, but not to ‘marriage’.