• Can my girlfriend implicate me in rape case if I found her cheating and want to leave her

Hello sir,
My question is, Can my girlfriend implicate me in case of rape/cheating on pretext of marriage if she cheated on me and I have audio confession on mobile and on WhatsApp about her cheating because I want to leave her now? I want to know what could be legal consequences?
Asked 12 months ago in Criminal Law from Lucknow, Uttar Pradesh
Religion: Hindu

You can not stop her from moving an application against you but in defense you can give all evidence (letters, recordings etc,.) to the investigation officer who will deal the complaint filed against you. All these evidence will help you to get discharge from the case. But if investigating officer dose not consider your evidences and files chargesheet against you in the court then you can use these evidence in your defense in the court and will surely get discharge or acquitted.

Vikram Taunk
Advocate, Karnal
12 Answers

Not rated

Hello,

She can file a false case of rape on the pretext of marriage. You may beforehand file a NC in the police station so that you have a good defense beforehand, in case any case is filed by the GF.

Ret

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

It was consensual sex no case of rape is made out

2) you never promised her marriage

3) if she files false rape , cheating case apply for obtain bail from trial court

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

No, since you both were adults and were involved physically by virtue of being in love with each other, she can't implicate you in a false case.

At any time she tries to implicate you in a false case, seek legal help.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

1) See what's running in your girlfriend mind nobody knows you have to talk to her and sort out matter peacefully.

2) Arrange meeting with senior persons on both the sides.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

The age of majority is of 18 years . however the marriagable age for boy is 21 yrs and for girl is 18 yrs. if both are major and have sex with consent then it wont come under the definition of rape under section 376 of ipc.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

1. She can try to harass you by lodging police complaint against you alleging that you have had physical relationship with her with the promise of marriage which you are refusing now but her said complain will have no legal leg to stand the scrutiny of law.

2. There are Judgements opining that even promise to marry cannot be compelled to be complied with in case of refusal to marry (unless it is for dowry), physical relationship not withstanding.

3. The Supreme Court has also opined under such circumstances that the said physical relationships are consensual.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

Yes ! Consensual sex in lieu of marriage of amounts to rape.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

This is my response to you:

1. If you believe she is blackmailing you now, then approach the police and file a NC against her;

2. This will protect you in the future;

3. So consult a family and criminal lawyer;

4. Take precautions and if she does file FIR, go for anticipatory bail immediately.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

If you think that telling your parents with solve the things then you may go ahead and tell your families and get the matter resolved amicably.

If however you think that she might file a complaint then lodge a NC.

Also you can talk to the girl and get the matter settled amicably.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

You can inform your girl friend that you cannot marry her as her parents are not in favour of the marriage

Also mention that you are aware that she has been meeting other guys behind your back and ha snot been loyal to you

By mutual consent break the relationship and move on in life

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. Do not admit or let no one have the evidence that you have had s*x with her, if possible.

2. Let your parents talk to her parents and you restrain yourself in establishing any contact with her or responding to her calls, in your own future legal interest.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

Tell both families that your girlfriend has cheated you and now it is impossible to live with her as life partner. According to some previous cases it has been decided by the courts that a girl above the age of 18 can give her consent for the sexual relationship as she knows the good and bad effects of it. As your girlfriend is matured enough so she can give her consent for sexual relationship and that will not amount to rape.

Vikram Taunk
Advocate, Karnal
12 Answers

Not rated

Hi,

Now a days the girls behavior is very complex an her possibility of filing case by herself or her parents can't be ruled out. You need to have the proof and directly call of marriage citing reasons of her cheating.

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

She cannot force you to marry in case she has cheated you or further the consent for physical relationship was not on the promise of marriage and further now there are judgements that the physical relationship in deep love affair doesn't amount to rape.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Tell them the real reason and keep record of same that you have informed them about her cheating and reason for calling of the marriage.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Sir u should tell her parents.. and show proofs for that .. she is cheating on u .. that is why u want to calling off the marriage...

If u don't tell about she is cheating on you then .. they will get the chance to prove u faulty..

So keep all the proofs/ evidence.. and just break the relationship.that's it ..

If she complaint against u.. then u will have all the proofs..to secure Ur self..she can't file rape case on u ... If anything happened between u and her.. then that is full of her consent.. not by force.

Kavery Anand Pandharpurkar
Advocate, Bangalore
301 Answers
9 Consultations

Not rated

Firslty, the situation is little bit tricky for the time being, so I would advice you to wait for some more time, and first talk to her about putting end to the relation as she has cheated on you.

Secondly, you have not done anything wrong when you got intimated (I am assuming it as above question doesn’t exactly put light on it as it says just rape charges) even in the pretext of marriage as you wanted to marry her, but it was her fault that is why now you want to end it as she is in adultery.

Thirdly, you need to go step by step saving yourself from any legal problem in future.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Tell her parents a reason and make your side clear. Otherwise they will spread that you broke the marriage after using her and then she can file false rape case. So go and tell her parents truth.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Hello

Both of you are major and hence can take decisions independently. You did want to marry her but as she has cheated on you...you do no tg enst to continue further. She can go ahead and allege that you had sex on tg he false pretext of marriage but you also have proof that why you are leaving her.

You should tell her parents about wht she has done so that they know why you are breaking off the marriage.

Regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

Reveal the truth to your parents. This will help you in the longer run.

Breaking off a marriage is not a crime and in any case there's nothing to worry because you had consensual sex with her/.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

You collect the evidences for cheating on you which are admissible in law and then leave her.

Rape cae may not be liable however having consensual sex with her on the promise of marriage and cheating is an offence under section 417 IPC, she may invoke that provision of law against you.

You may be prepared with defence with supporting documents and challenge her case in the trial proceedings if she is approaching police with criminal complaint against you.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

In such circumstances you may keep your parents informed about the truth and your decision to break this proposal.

They can communicate the decision to call off the proposed marriage by giving the reasons suitable to the circumstances.

You dont have to continue with the proposed marriage if you are not liking it to go ahead.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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