• Live in relationship

I and a girl loved each other.I promised her that I will marry her and gave a written declaration to her parents in Jan 2018.From April to till date we are in live-in relationship. We had consensual sex also.In june I came to know that she is having relationship with one more guy and she went to hotel with him for 2 days during my office hours. I wanted to have break-up but she threatened me that she will file a fake police case of rape and domestic violence. Till date she is having relationship with that guy on my backside.When I reach home she deletes all the chats and video call history .I don't know what to do? I don't want to marry her as this relation may lead to criminal activity in future.
Asked 7 years ago in Criminal Law
Religion: Hindu

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29 Answers

Hello,

 

since you have given the same in writting she may file a case of rape for establishing physical relationship in lieu of marriage.

you are in a fix, do not take any action until and unless you have some evidence of extra marital relationship. After that you may send her a notice and give a NC in the police station.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Procure evidence of her illicit relations, once you had , you can break with her on the ground of adultery. No criminal case, as you broke cause of her unchaste character. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

She can't compel you to marry by such threats. Dis-engage yourself from this live-in relationship. 

Her rape charge will fall flat as she being a consensual partner in sex can't put rape charge. Further, your earlier promise to marry too, wasn't fraudulent one. 

Kindly consult me on phone for further advice. On any prosecution against you, I'm prepared to defend you in court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If you have any proofs of committing adultery evidence you can refused to marry with her. 

Consensual sex is not amount of rape. Consensual sex is not an offence except.

person have consensual sex with minor girl. 

But try to settle matter amicably through an mediator. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

These will aid you in your deference, if any criminal complain filed. Certainly such kind of proof can be procure stealthily and through illegals means only. Admissible in your defense. Keep the originals with you and copies of it.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You are requested to inform your parents, and her parents and call the relationship of by making a general diary at the local police station

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. Having physical relationship with her by promising marriage to her is considered as an act of rape by some of our High courts and some High Courts did not accept the said act as rape.

 

2. Promising to marry her does not bind you in marrying her even if she is found to have relationship with a third person.

 

3. So, collect evidence of her running the said affair in the form of audio/video recordings. 

 

4. Also collect the photocopy of the hotel room booking register  as the evidence of  her having physical relationship with a third person.

 

5. Thereafter, you shall have to write to her father (whom you had given the written promise) expressing your inability to marry his daughter on account of her running an intimate relationship with a third person.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

You can get issue a legal notice and clearly indicate her that you are not going to marry her and also intimate her that if she ventures any false complaint or petition then she has to face consequences. Thus you will come into safer zone.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You can claim that the said video clippings were shown to you by her during a fight in domestic rage.

 

2. The copy of the hotel room booking regfister will be a very good evidence in support of your refusing to marry her.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

See file a police complaint with complete facts and for the offence that girl is intimidating you for living with her with false cases, further she is having an affair on that ground you want to separate from her. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See even in case it is wrongly obtained you can claim that you took screenshot from her phone to catch her as she was threatening and using you and but you are in possession of same it will help you somehow submit these proof with police and first lodge the complaint if she goes on filing case then in that case her case wont stand.

 

Further the rape case wont stand against you also there are judgement that physical relationship during course of love affair is not rape.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No case of rape is made out 

 

you had consensual sex with the girl 

 

if you promised her marriage and refused to marry her became she had affair with another man then no case of DV is maintainable against you 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You cannot use screenshots of chat messages and video call recordings 

 

you cannot install spy aap on her phone 

 

if both had checked into hotel room together it sufficient to prove her affair 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) As per recent judgment of supreme court that live-in-relationship will be treated as husband and wife relationship, so if you find any pics or video or chat message of any kind that turn into adultery and on this basis you will get separation order by court and you can put your views as well towards her.

 

2) That you want to continue or not this relationship and turn into married life or unmarried life.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you are badly trapped but in case you have any adultery records then definitely you have a way out available in any relationship which is physical in case you know about it may create problem as in your case definitely C can go to the court or make a police complaint against you with will be a very difficult position for you.

In case you got married to this girl and even after that she gets into adultery then you will have all the rights to go for a divorce petition but please keep in your mind that a divorce petition for newly married can be filed only after 1 year of marriage.

Otherwise just try to avoid the situation and let what  ever way it goes.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Think of stepping the court only when you are dragged into it. Don't waste your time collecting evidence from the point of view of court. However genuine your evidences are, we can prove it false. Also, even if you don't have a single evidence, we can still get the truth out from her itself. So as mentioned earlier, don't waste your time collecting evidence. Having said that, if something comes and falls on your lap don't ignore it too.

 

For eg. Even if she went to a hotel with a guy, she can always say it was official meeting. WRT chats etc. you can't prove that the other side is some guy.

 

As of now I still see lot of options.

 

Always remember, "Barking Dog seldom bites". She is threatening you not to leave because she is insecure and scared that her parents or others will know about her.

If you are done living with her, pack your bags and vacate the place. If she threatens, tell her you will file a complaint on her with the Police for blackmail and threatening. Also tell her that the first thing you will do is call her parents and inform them about her sexual encounters and affairs.

If she is okay with these things, ask her to go and file any complaint she wants. Tell her you will go to media and tell everything about her affair. Also, if she goes to Police Station, make her realize that it's her dignity/modesty at stake.

Also, tell her that if she files a DV case, then you will make sure that she never gets married to anyone else.

 

"Attack is the best defense". You always have option. Only thing that is required is guts to choose it.

 

Make her realize that the only option left with her is to sort it amicably by departing ways. Tell her you will support her with any lies she intends to tell her parents as to why you both broke up.

 

Having said all these. Since you both have been living together, as a matured individual, talk to her and find out if the person she is involved with is black-mailing her or anything of that sort. You cannot assume these kind of things. Also, most the victims of blackmail don't reveal easily. So you got to be understanding and patient. Tell her you will forgive her as long as she doesnt't intend to continue. Give her couple of days to think and come out.

 

Before going the hard way, give the latter suggestion a try. Meanwhile you will get sometime to prepare yourself to come to some conclusion.

 

Do rate the answer as it will help us serve better.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

The promise made by you in writing that you will marry her in future will be a weapon in her hand to avenge you.

She may lodge criminal complaint under IPC section 417 for cheating her by having consensual sex with on the promise of marriage.

You can gather material evidence about her illicit affairs with another guy and issue a legal notice advising her to not to indulge in such illegal threatening activities and you don't want to marry her due to her affairs with other guys.

You can even obtain AB and challenge her criminal complaint later on in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You confront her with the evidences when you trap her caught red handed and leave her company immediately for the said reason.

Let she make a complaint, you obtain anticipatory bail and challenge her case in trial proceedings.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You have sufficient evidence to show that she was cheating on you. Send her a notice and stop responding to her and send her a notice.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you need to face the fact. you can break the relationship she is cheating on you. let her file false case it will not stand in court 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You are not bound to marry her. The declaration that you gave has no force of law and is not enforceable. A promise of marriage can be rescinded due to change in circumstances.

2. She may lodge a complaint of rape, to obviate the adverse consequences of which you should start recording her threats first and then walk out of the relationship.

3. Apply for anticipatory bail if the FIR gets lodged.

4. The videocalls recorded by you can be led in evidence in the court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See the admissibility of such evidence would be a question but still court can admit it and can rely based on the fact they are crucial evidence in the case so if the deposition is made that you were regularly threatened and she was cheating you, you took help of some apps to gather the evidence then court may consider them,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Who says you can't produce them to the court? You can produce them to the court. The source can be questioned.

Once you produce them, then your Advocate can question her and make her accept. Then once accepted, then no can deny it.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Show to police, on the basis of it, police will file closer report. NO court interference.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) For your defense you can produce all adultery act run by her.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the evidences are genuine the court will accept them, the court will not go behind the source from where you have obtained this evidence.

The spy apps are to be produced before court by following the procedures as laid down in the section 65B of Indian evidence act to prove your case through this evidence.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can not rely upon spy aaps

 

2) it woukd be infringement of wife privacy 

 

3)engage a detective agency to gather evidence of your wife affair 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1 No. you should not mention anything about spy ware.

 

2. If the SIM card has been purchased by you in your name then you can take possession of the said phone before terminating the relationship   and claim that it is your phone which she had used anmd from where you came to know about her said affair.

 

3. Since it is your phone, you can not be complained against for using it or for showing any document stored in your said phone.

 

4. If the SIM is in her name then also you  can use the said documents on the plea that she had given you the said documents from the said phone out of rage during one domestic quarrel  to torture you mentally.

 

5. You can use the said documents and escape the liability to marry her for her adulterous activities.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can say anything but in court whatever you say has to be proved.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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