• Live-in relationship

As per the supreme Court judgement
There is no right to file a case against a boy of his walk out from the relation though he used a girl physically but I have got many Lawer suggestions to fail a criminal case.
 Kindly suggest.
Asked 7 years ago in Criminal Law
Religion: Hindu

12 answers received in 1 day.

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14 Answers

You can file DV case against the boy seek alternative accommodation, maintenance , compensation for mental torture undergone by you 

 

2) if he had sex with you under promise of marriage also file case of cheating against him 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

what do you want to do exactly? what happened with you? elaborate to get a proper reply

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1. No case is made out against any live in partner for terminating the relationship.

2. The actual practice though is to file the case on one ground or another as the courts more often than not summon the accused.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1)Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country.  

2)If both are major and it is consensual physical relation then it is not crime.. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1) Yes, you can file criminal case against him, if you have stayed one single day in a room live in relationships it will treated as husband-wife relationship like married and you can ask for all your rights as a wife. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See if the boy on false promise of marriage obtained consent for physical relationship then only a case against him can be filed though onus shall be to prove that the consent was obtained on false promise of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.if a fully grown up girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act induced by misconception of fact and Section 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her.

He accused had 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.

 

Live in relation which can also be referred to as cohabitation, in essence, is an arrangement whereby two people agree to live together on a permanent or long term basis in a sexually and/or emotionally intimate relationship. The Court said that a man and a woman can live together as per their wish even without getting married. It further said that it may be immoral for the society but is not illegal.The Supreme Court, in Indra Sarma case delivered on 26th November 2013 says: “Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country.If the man has a live-in arrangement with a woman only for sexual reasons, neither partner can claim benefits of a legal marriage.

 

In Varsha Kapoor vs UOI & Ors., the Delhi High Court has held that female living in a relationship in the nature of marriage has right to file complaint not only against husband or male partner, but also against his relatives. In the case of Koppisetti Subbharao Subramaniam vs. State of Andhra Pradesh, the defendant used to harass his live in partner for dowry. In this case the Supreme Court held that the nomenclature ‘dowry’ does not have any magical charm written over it. It is just a label given to demand of money in relation to a marital relationship. The Court rejected the contention of the defendant that since he was not married to the complainant, Section 498A did not apply to him. Thus, the Supreme Court took one more step ahead and protected the woman in a live in relationship from harassment for dowry.

Though the live in relations provide the individuals individual freedom but due to the insecurity it carries it with, there needs to be a law to curtail its disadvantages.

 

 

 

 

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Yes there is a Supreme Court decision in this regard that live in relationship and physical relations during that period is consensual and it is not a crime but there are other ways where the girl can choose the boy for cheating and misusing the situation and case against him can be filed

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Live in relationship is treated by court as relationship akin to marriage and hence on this basis the girl can apply fro monthly maintenance under PWDV Act.

2. She can also file case for sex as the boy indulged in sex on false promise of marriage.

3. However if she decides to lodge complaint for rape then she wil have to file DV case later on.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are aware about the recent judgments of Hon’ble SC, but yet to know the other way round to find some option to penalise a person who has harassed you both physically and mentally.
  2. Yes, it is tru that now you can’t file any criminal complaint, but on the other hand, if you can prove certain facts then you may be apple to file a charge of rape on him.
  3. That if during the period of live-in, if he ever promised to marry you then even your mutual consent would take the plea of being assured for marriage, but now trying to walk out of the same under the garb of the SC judgments.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

It's depends on case to case basis. It can't be a rape if in relationship there is a break up or bitterness.


You can file an fir for rape on false promise of Marriage but there are many loopholes in the same

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

Hi,

Every case depends on the facts and circumstance of the case and the appropriate action lies accordingly. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Dear Client,

You can file rape complain that on the pretext of marriage , he made physical relation and live in partner entitle to file domestic violence petition and claim maintenance.  

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If he had consensual sex with you on the promise of marriage and now not agreeing to marry you, then you may lodge a criminal complaint against him under section 417 IPC and get him punished provided you have strong evidences to prove your charges against him.

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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