• False promise of marriage-Rape case

My cousin brother has been booked for rape on ground on false promise of marriage.. Both were major during the incidence and had sex several times.. they had relation for six years.. now girl charged him for rape.. My brother is now on bail after eight months on ground that he will get marry with the girl within one months.. now we are clueless what to do.. please advise.. the case belongs Saket court.. 
Boy's family does not want accept that girl as she is SC but they are thankur cast..
Asked 3 months ago in Criminal Law from DELHI, Delhi
Religion: Hindu
1) your brother should have applied for and obtained bail on grounds that they had consensual sex for 6 years 

2) taken the plea that no promise for marriage was made 

3) if he does not want to marry the girl inform the court that he is not willing to marry the girl 

4) his bail would be cancelled and remanded to custody 

5) make application for bail later 

6) if rejected file appeal before HC 

7) fact that he has been in custody for 8months would be considered by court while granting bail 

8) take plea that it was consensual sex with no promise for marriage
Ajay Sethi
Advocate, Mumbai
52169 Answers
3108 Consultations

5.0 on 5.0

If the condition of bail is a pre agreement of marriage you can't deny it. Later things can be changed
Anand Shukla
Advocate, DELHI
219 Answers
5 Consultations

4.9 on 5.0

Dear Client,

Now turning from the understanding will have worse repercussion. May be after trail he will acquit from rape charges for cheating - sex on the pretext of marriage and atrocities to SC girl, chances of incarceration is high and if not married than can be sent back to jail. 

Try to arrange some settlement out of court.
Yogendra Singh Rajawat
Advocate, Jaipur
5789 Answers
4 Consultations

4.7 on 5.0

Hello,
The boy should marry the girl if there is no other issue other than casteism.
Regards
Swarupananda Neogi
Advocate, Kolkata
684 Answers
2 Consultations

4.8 on 5.0

Your friend now has to contest the trial. Of late , courts have taken a view that consensual sex between two adults is not rape. There may be accusations of false marriage promise. The case can be brought under sec 420 but not under 376.
H. S. Thukral
Advocate, New Delhi
577 Answers
174 Consultations

5.0 on 5.0

If there is no evidence boy would be acquitted 

2) refuse to pay Rs 20lakhs demanded by girl 

3) in case of marriage husband can file for divorce after expiry of one year of marriage on grounds of mental cruelty 

4) husband has to prove allegations made in divorce petition 

5) contested divorce cases take 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
52169 Answers
3108 Consultations

5.0 on 5.0

hello,
 a petition for FIR quashing should be filed immediately before the Delhi HC. in case the charge-sheet is submitted then an application for it quashing. divorce would be complicated as both have to agree for a divorce and she may demand huge compensation.

regards
Rahul Mishra
Advocate, Lucknow
1534 Answers
7 Consultations

5.0 on 5.0

I would like to inform you that there has been judgement passed by the Supreme court where the court has taken the view that consensual sex between two adults is not rape. you just have to keep that in mind that no such promise was ever made, You should defiantly move an application for regular Bail mentioning the intentions of the girls family.
 Marrying her and then getting divorced will be a big problem and will not be that easy.
Archit Vasudeva
Advocate, New Delhi
26 Answers

Not rated

Hi 
1) It appears that the bail has been granted on the premise that the boy will marry the girl in 1 month. 

2) In general, the bail condition(bail only if boy agrees to marry the girl) seems to be totally against law and warrants a review by higher court. as Bail in general for rape cases might not be available for the first 30/60/90 days (depending on severity of offence), but in your case, it appears that your lawyer did not make enough efforts to secure bail by moving higher courts or making a pleading that the accused is NOT likely to run away from trial OR the accused will NOT tamper with the witness. 


3) So you need to move the high court and file a petition u/s 439 cr.p.c asking for review/relaxation of bail condition (to review the condition to marry the victim for grant of bail) and get this relaxed. 

4) Once this bail condition is removed by the high court, you may then contest the case and also seek alternatives to settle the issue. 
 
5) Assuming the boy and the girl get married, for divorce the couple will have to wait for 1 year before filing for separation and the boy might be forced to give alimony to the girl and the girl might also use the rape case so as to make higher claim. So getting the boy and girl married and then filing of divorce might not be a good option in present circumstances. 

Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
1483 Answers
191 Consultations

5.0 on 5.0

If both of them get married then ofcrse it will be taken time to get divorced... Both may only file divorce application after one year of marriage... And for sure she will claim the alimony from the boys family.... This way or other you had to give her a money for settlement other wise... Contest the matter nd file a petition under section 482 crpc to quash the petition if uh had enough evidence in favour of you.... For consult upon call uh may contact me
Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

This is my response to you:
1. If your lawyer is able to convince the judge that the intercourse was consensual, then he has chances of rape charges being dropped are high; 
2. You can tell the court to do medical check up if there are signs of rape (i.e. non consensual intercourse) or physical injury marks;
3. If no circumstantial evidences can prove that there was rape, then the charges can be dropped;
4. The court cannot force someone to marry;
5. If he does marry then only after one year he can seek divorce;
6. Therefore settle the matter with money or contest the criminal trial in court.
Gowaal Padavi
Advocate, Mumbai
1465 Answers
2 Consultations

5.0 on 5.0

1. Do not succumb to any blackmailing tactics as there is no end to it.
2. The marriage is no solution to this. Once he marries getting divorce would become almost impossible unless he fulfills her demand which would be rising to astronomical heights.
3. So apply for bail which is likely to be allowed. After that battling the case becomes more easy and there would be no question of giving any extortion money as well.
Devajyoti Barman
Advocate, Kolkata
14364 Answers
197 Consultations

5.0 on 5.0

THE BOY DONOT GET MARRIAGE WITH THAT GIRL

1.THE GIRL AND BOY ARE MAJORS AT THE TIME OF SEX

2.THE ISSUE IS NOT AT ONE TIME THEY MADE THAT SEVERAL TIMES.

3.WITH INTENTION AND SOUND CAPACITY TO DO SEX THE GIRL USED THE BOY FOR SEVERAL TIMES

4.IF THE GIRL HAS INTENTION TO DO REGISTER HER ISSUE THEY SHOULD REGISTER AT THE INTIAL STAGE

CONCULSION

THE BOY AND GIRL ARE LIVING RELATIONSHIP AND THINGS HAPPENED INCIDENTLY IT WILL HAPPEN THROUGH OWN CAPACITY IN A SOUND MIND
Hemadri Chandrakanth
Advocate, Vijayawada
96 Answers
3 Consultations

4.0 on 5.0

Bail is not to be withheld as a punishment, but, 
 the requirements as to bail are merely to secure the attendance of the accused at the trial. The condition imposed that your brother will get married with the complainant within one month is bad at law and should be challenged by way of a petition under section 439 CrPC, wherein High Court of sessions court has power to modify the conditions of the bail. 

If your brother agrees to marry the girl, the entire fiasco will go on for another 5-6 years as contested divorce would also take years to be disposed off. Moreover, divorce can only be filed after 1 year of completion of marriage.
Siddharth Jain
Advocate, New Delhi
2301 Answers
24 Consultations

5.0 on 5.0

Dear Concerned. 

UNDER ANY circumstances your cousin should not marry this girl. THIS girl will loot your family - This case reminds me of a recent case in Jaipur Rajasthan - State vs Priya Seth & others - where woman Priya seth has been booked for blackmailing people for such allegation of rape cases. 

DO NOT marry - contest this case - this woman will fail drastically at the time of cross and evidence. IF your brother does not marry his bail will be cancelled - let him go to jail for few more days - and file bail again on the basis of the fact that no promise of marriage was made ....



Best of luck
Atulay Nehra
Advocate, Noida
1111 Answers
37 Consultations

4.7 on 5.0

Contesting a divorce is never easy.

From the facts recited by you, it does not appears to be in the fitness of things that the boy gets married to this girl.

Let this trial conclude and await its fate.
Vibhanshu Srivastava
Advocate, New Delhi
7014 Answers
86 Consultations

5.0 on 5.0

Now he is talking about case or community issues, but what made him t=not to think about this when he was having relationship with her for 6 years.

Since he is out on bail, he can make compromise with her in terms of kind or consideration to get out of the situation.

Or, he may challenge her case in the trial proceedings on the basis of merits in his side.
T Kalaiselvan
Advocate, Vellore
42467 Answers
462 Consultations

5.0 on 5.0

The reasons what you have narrated here, if taken up before court, the boy will surely be convicted because they will establish his crime against her.

Instead, you may look for some other ideas to get him out of this criticality.

He may fight it on merits in his side and else her mistakes.
T Kalaiselvan
Advocate, Vellore
42467 Answers
462 Consultations

5.0 on 5.0

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