• Pregnant and cheated with marriage

Dear Sir or Madam,
my question is about a friends situation. She is a tourist from Europe, staying in India because she felt in love with an indian. Half year ago he promised to marry her - they even had been in court where he signed some kind of document - but marriage could not be done that time, because of some missing documents - I just mention it because it is a kind of proof, that he was willing to marry her.
After this she went pregnant and he started to work in another state as he said.
Also he was asking around 60 000 Rs from her to solve several problems...my friend believed in everything, was waiting for him to come for marriage - but now it turned out that he cheated her all the time! He is having a girlfriend and doesn't want to marry her. Her pregnancy is now already in the 7th month and she is totally depressed by all what happened...
Is there any chance to make him responsible for his behaviour? Could he get forced to marry her? 
Doesn't he have to pay for her and his child? 
I would be thankful for any advice, because the situation turned out now very dramatic and my friend is pregnant and alone and doesn't know what to do now.
Asked 4 years ago in Family Law
Religion: Other

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

36 Answers

First of all no law can force him to marry her but he can be punished for cheating criminal breach of thrust for doing this also along with that taking her money. And if it can be proved that there was no intention to marry then rape charges can also be proved since the incident of court marriage need to minutely observed that he wilfully done this or there was some inability to marry at that point of time.

yes he has to pay maintenance to the child is biological son and he has right of property and maintenance now after Supreme Court decision he will even have right in mans ancestral property.

There is no provision for her maintenance for her as she is not legally wedded wife.

She in my advise this is critical time for her also she is foreigner so first of all file an FIR with police and secondly file a petition before high court for speedy remedy.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The girl can file charges against the lat boy u/s 420 of the IPC for “cheating”. Even if he can manage to prove her “consent”, he can be held liable if the girl proves that the boy “intentionally deceived” her with a false promise of marriage.

Various charges such as outraging the modesty of women, criminal breach of trust etc.

If fully grown up girl consents to s*x on a promise of marriage until she becomes pregnant is promiscuity on her part and not an act induced by misconception of fact and S. 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her. [(1984) Cri.L.J.1535] also ref.: Hari Majhi vs. The State [1990 Crl. L.J. 650] and Abhoy Pradhan vs. State of West Bengal [1999 Crl. L.J. 3534].

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Immediately lodge an FIR against the man without a second thought on grounds of outraging of womens modesty and cheating, criminal intimidation and forgery. It will work wonders.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi, She has to file a Police Complaint against him. As per law promise to Marriage and having sex amounts to Rape and she is become pregnant. So he will be punished for offence of Rape.

2. If she want to claim maintenance to herself and her child she has to file Petition under section 125 of the Code of Criminal Procedure for maintenance.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

girl should file case of rape against her boy friend under section 376 of IPC as he had sex with her under promise of marriage

2) she can also file DV case seek maintenance for herself and child

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The man could be prosecuted for offences of cheating and rape. Seeking consent of a girl for sexual relation making a false promise is not a valid consent and this shall amount to cheating and rape. However recently there have been cases where the courts decided between breach of a promise and false promise. Whereas a breach of promise would give rise to an action under civil law, entitling the woman to claim compensation, a false promise would entail a criminal action as well. Much will depend upon evidence. In this case the man travelled to office of marriage officer and was ready to marry her. Were his intention to marry her not sincere?

Nevertheless Police will register a complaint and let the man face the music. A good lawyer shall see the prosecution successfully.

As far as maintenance part is concerned it has been held by Supreme Court that if a live-in relationship breaks down, the man is bound to pay maintenance to the woman and the children born from the relationship.

Your friend therefore can

File a Police Complaint to prosecute the man and claim maintenance for self and the child when born.

Alternately she can claim compensation for breach of promise and also maintenance for self and child when borne.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

The marriage can not be forced but he may be charged for the offences he did but the relationship is consensual. She can claim the medical expenses and maintenance during the pregnancy and maintenance for the child and the child will have all the rights as the legal child have.

In the mean time let her file a case of 376, 420, 406 of IPC for sexual relationship, cheating and misappropriation of the money.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello, Let her made a criminal complaint against him for cheating and rape in the name of marriage. The documents related to failed attempt to court marriage is fair enough to prove that they are in a living in relationship. If she filed a criminal case, probably everything will be solved, at least he would come forward to marry her to avoid the legal proceedings. After filing the criminal complaint ask to file a maintenance case against him before the jurisdiction of the court where they jointly lived together. Now in India, the living in relationship also treated as a valid one. Therefore , ask her to initiate the proceedings.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Hi

It would be more helpful to answer if you mention the state in which your friend is residing.

There are some tricky ways that should work for your friend to receive justice.

That she should initiate a police complaint about the person for rape and fraud under various sections of IPC 420 376 etc. This should work for your friend.

It is a big problem in india that people don't have trust on judicial system but now a days officers are very strict about such crimes.

Your friend should also send a complaint against the person to the ambessy in delhi.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

One can not be forced to marry her but definitely the law can take its course and punish the said culprit.

He will have to pay for the child but not for her since they are not married.

She should approach the embassy and seek help and lodge a police complaint against the said person immediately.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If she filed for rape on the pretext of marriage and cheating, His game will over.

File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

She cannot force him to marry her, there is no provision in law for that.

She can lodge a complaint against him for the offences of cheating under section 417 IPC.

She can claim maintenance under section 125 cr.p.c. for her alone for now on the basis of evidences for living together as husband and wife even though there was no marriage solemnised between them.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

She should contact the embassy at the earliest.

It all depends upon the discretion of the embassy, ask her to contact the same at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The Child will get citizenship by birth in the country wherever it's going to take birth.

Based on the place of birth she can decide about getting visa.

For the present if she would like to extend her visa, she may cite the pending criminal case as reason for the same.

For that she may have to lodge a criminal complaint against him without further delay

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if minor children of persons who are citizens of India.

So, your friend can apply for citizenship under the said act after the delivery of the child.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Ask your friend to lodge a complaint with the police for cheating and rape. Alternatively she can claim for maintenance of the child and for herself by filing application under Section 125 Crpc. You cannot force him to get married but get him punished for offence committed by him. Secondly the Child will get citizenship by birth in the country wherever it's going to take birth. She can contact the embassy regarding the procedure for visa for the child.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See based on just the child is born in India the visa shall not be granted ask her to visit the FRRO office the beaure of Immigration on her medical condition first get visa extended and then further file FIR and raise concern before ministry of external affairs for visa and continuous stay in India. She can be best guided at FRRO for the purpose.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Birth certificate will be issue by EU consulate in Delhi if baby born in India and by virtue of sec 3 of Citizenship Act, baby will acquire Indian Citizenship by birth.

And sec 4 of same act, Citizenship by descent, even born out of India from Indian Father. But make sure baby birth must registered with Indian Consulate within one year.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have evidence to prove that the baby in the womb is the child of that person then the lady can initiate proceeding under section 125 of the code of criminal procedure for maintenance. If there is evidence that the person gave her assurance to marry  and later on refuses then the person has committed offence of rape punishable under section 376 of the Indian Penal Code. It is settled law that enticing the woman to establish sexual relationship on the false promise it will amount to an offence of rape.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

She can file complaint then go abroad

2) child birth can take place in her home country try and would get citizenship of her country

3) if child is born in India she can obtain birth certificate of child in India , intimate her embassy and get citizenship of her country for child obtain passport for the child

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

According to your question the lady is on her third trimester or she is about to give birth of the child and in this condition the travelling may cause danger to her life therefore on the humanitarian ground her visa will be extended.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Looks like your friend has been exploited by this fellow, physically, emotionally and financially as well.

It is important that she immediately approaches the Police to lodge a FIR against this fellow. Perhaps with their intervention and involvement, this fellow will get ready to marry your friend.

he has to maintain your friend and the child incase he was in a live-in relationship with this girl.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

yes let her go to police and complain about the person and file FIR and the matter will be subjudice and she may apply for the extension of visa on the legal grounds.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

She can file a case of cheating and rape on promise to marry under IPC 420 and 376.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

1. No law can force him to marry her if he does not want to.

2. However, she can file a rape case against him since having physical relationship with the promise of marriage and then refusing to marry her later on has been considered to be a case of rape by certain Courts in India.

3. She shall have to lodge a police complaint against him at the police station having jurisdiction on the area where the said physical relationship had taken place. In this case the case will be between the State and the accused person where your friend will be the proforma complainant.

4. She can also file a maintenance case against him praying for a direction upon him to maintain his child and your friend also, if she is not earning on the ground that she had treated her as wife for all the purposes.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Her child will not be half Indian but an Indian Citizen by birth.

2. Ask your friend to collect and preserve all the documents in connection with the birth of her child which will be required in future to prove, inter alia, his/her citizenship.

3. Thereafter apply for and avail his/her birth certificate from the Delhi Municipal Corporation which will be the basic document to prove his nationality.

4. With the said birth certificate her child will be able to get his/her Visa for going to anywhere in the world.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

She may approach Embassy of her Country in New Delhi and get lodge a criminal complaint against him. Make it a viral in social channels and also in electronic and print media. He has committed several kinds of offences under Indian Penal Code. He is liable to be arrested if you use high influence etc. Nothing to bother she will get justice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Andrea,

If you file a case against the father, that will take 3-4 years to dispose off, so the father would be out on bail during the pendency of the case and very well work, as well as provide for the child. Your friend won't be deported and she can also apply for citizenship, as i advised earlier too, even if her visa expires, it will be renewed as she would be a mother of an indian child.

Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her life-time, to maintain his illegitimate children. The right to be maintained, however, extends only upto the period of minority. The amount of maintenence which would be awarded to the child would be decided by the court keeping factors such as income of the boy, no. of dependents of the boy etc.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Mam, your friend first and foremost should give an application before the FRRO office and a letter to ministry of extranal affairs along with the embassy should also be sent so to ensure her visa is not a problem further embassy and ministry looking hoti her case will definitely help her.

Secondly the father based on income and other factors has to provide for the maintenance of child, on ongoing case he can be out on bail and can provide maintenance to child further the court in such situation can also attach personal asset if he fails to pay maintenance to child so even if he goes in jail he has to pay the maintenance to child.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Biological father is bound to pay to girl and child born out of said relationship under provisions of DV act

2) even if girl has to go abroad on expiry of her visa her boy friend still has to pay

3) the case would continue . She can appoint local lawyer to appear on her behalf

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

There is a judgement which says biological father bound to pay maintainance for child who is legitimate or illegitimate

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

She has to remain in India for carrying on her fight and struggles establishing her rights.

She cannot follow it up once she leaves India.

She may have to prove his income to make a claim for maintenance for her children.

Since there is no marital relationship between them her claim may not be entertained.

She has to engage the services of a skilled lawyer to achieve her objects.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If your friend can get hold of salary certificate she can claim for maintenance for.the child. Under section 125 Crpc and under domestic violence act the maintenance can be.claimed for the child. Since child will take birth in India he's bound to pay the child. He has to pay 1/3rd of his salary.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. It appears that your friend is confused about what does she want now?

2. She shall have to analyse the situation from the legal point of view.

3. She is an adult foreigner lady who had fallen in love with an Indian guy who had agreed to marry her but did not finally marry her.

4. Without having been married to him, she had agreed to and indulged in to having unprotected s*xual relationship with him knowing very well that with their said act, she might get pregnant.

5. Thereafter when she understood that she has conceived and also that her fiancee is refusing or neglecting to marry her, she decided to carry on with her said pregnancy without going for abortion at the initial stage of her pregnancy knowing very well that her family will not accept back with her said pregnancy.

6. Now she does not want her fiancee to go to jail also by filing a police complaint for having s*x with her with the promise of ,marriage.

7. So, what does she want now from the Court when no body can be forced to marry against his wish.

8. The question asked is " if he has to pay - how much would this be approximately?" . The Court or his lawyer in the Court will put the counter question as to why should he pay when you had entered in to a consensual and unprotected s*xual relationship with him?

9. She can ask for maintenance from him for his child as per law and that will not be substantial at this stage.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

After filing the case the opposite party can settle the same in mediation and seek some Lump-sum maintenance for her unborn child and herself

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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’.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Ask a Lawyer

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