• Sex before marriage

Namaste madam,
I have done sex before marriage and some of the orally communication with girl that I ll marry with u .This relation is going on last 8 yr. She has some photos like wearing mangal sutra and sindur and sitting near me and she said that I have some intimate video, we intimated but her mutual consent but legal documents doesn't she has of marriage.
I am govt employee . Now she ll do fir.Wht is ur suggestion to relive this one madam plz tell me .
Asked 7 years ago in Criminal Law
Religion: Buddhist

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15 Answers

Hello

She must be asking you to marry her and you must have refused. Therefore she must be thinking of lodging the fir. Kindly talk to her not to do this. If you are not on talking terms then try to talk through friends. Also if you don't want to marry her then file an application before the adj and the hc that a person os threatening you in this manner. At least they will know beforehand.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She first of all there is no marriage so she cannot go for any.case on.that ground.

Secondly having physical relationship on false promises of marriage amounts to rape.

See if the girl files FIR file Anticipatory bail secondly there are judgement from Bombay high court and other high courts that deep love affair if there is physical relationship and after that if marriage is not possible then in that case rape is not maintainable so file for quashing of FIR before.high.court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You must file a NC that you are being threatened for a false case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She can file a case of establishing physical relationship on the pretext of marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) you had sexwith her under promise of marriage

2) she can file case of cheating against you under section 420 of IPC .apply for and obtain AB from sessions court

3) your defence should be it was consensual sex with no promise of marriage

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can marry the girl if you are in relationship with girl for last 8 years

If you refuse to marry her she can also file DV case against you claim maintenance from you , alternative accommodation etc

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

if man promised to women for marriage and made physical relation with her and not marry her then lady can file case for rape under sec 376 of indian penal code. It does not matter that whether man is married or not.. But recently in some judgements consensual sex is not amount of rape, You are advised to do not worry it is not rape case, if she file any complaint against you should constest the case through an advocate.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Obtain an anticipatory bail incase you apprehend that she's planning to Lodge a fir against you.

If the physical relationship in between you two was consensual, there's nothing to worry.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If it's your case that you didn't exploit her physically, emotionally and financially, there's nothing to worry.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. This type f relationship is often fraught with danger , more so, if the partner falls out with each other.

2. Though consensual sex is nor rape but the problem if it is falsely alleged that you made sex on false promise of marriage then FIR u/s 376, 417 IPC is registered.

3. in that event once arrested getting bail becomes difficult. However getting anticipatory bail in sch cases is quite easy.

4. The trial of the case also falls falls flat. So resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Just deny her accusation. You have only one option and that is defending yourself on the basis that mutual consent was present.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Having sex with a girl on the false promise of marriage and later refusing to tie the marriage knot may amount to commission of rape, particularly when the boy from very inception had no intention of marrying the girl.

In your case under the guise of love affair and pretence of marriage you deceived her and enjoyed her sexually. Guilty intention is an essential ingredient of the offence of cheating and to secure conviction of a person for the offence of cheating, mens rea on the part of that person must be established and the intention to deceive should be in existence at the time when the inducement was offered .no intention to marry her right from the beginning and committed sexual intercourse totally under the misconception of fact by prosecutrix that he would marry her. Comes under Rape. Hon’ble Supreme Court said in such cases “factors like the age of the girl, her education and her status in the society and likewise the social status of the boy’ are necessary considerations. If prosecutrix was also equally keen, then in that case the offence is condoned. But in case a poor girl placed in a peculiar circumstance where her father has died and she does not understand what the consequences may result for indulging into such acts and when the accused promised to marry but he never intended to marry right from the beginning then the consent of the girl is of no consequence. A consent obtained by misconception while playing a fraud is not consent.

So in this stage you will apply for anticipatory bail . And try to settle the matter amicably or defend the case in court

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. If she can produce any evidence that you have married her religiopusly for which she had put mangalsutra and sindoor on her forehead, then you shall have to justify her putting the signs of marriage and photographs with you.

 

2. It will be prudent on your part to get the dispute amicably settled with her in your own interest since you are a Govt. servant.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Settle the matter amicably with her as suggested in my earlier post.

 

2. If she can not produce any proof of her having married you religiously/socially, then deny having promised her marriage and contest the case if filed by her in future.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you have had relationship with her on the promise of marriage then she may lodge a criminal complaint with the police under section 417 IPC for the offences of cheating.

The documentary evidences in her possession may enable her to complete the process against you, therefore better go for a compromise with her and either marry her or on an understanding settle the issue amicably.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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