• Consensual sex leading to forced marriage

I have dated a woman since September 2017 to feb 2019. I met her in my office before getting posted to other location. I am 29years old and she is 33 years old . We had two sexual encounter before she told me about her background that she is 31years old , divorcee and caste(schedule caste). I told her right away my family will not agree for marriage and she responded me family never agrees initially. I never promised for marriage. From feb 2018 to jan 2019 she has created emotional pressure over me( realised this fact lately while reading our chats). We had total 6 sexual encounters. In april 2018, she went for PCS EXAM and I accompanied her for morale support, initially i refused to come as i had to travel 15hours to meet her . As usual she created emotional fuss and told me to stay in hotel when she will be writing exam. There were two paper on same day , she came in break time and started getting sexual , i mentioned her i did’t have any precautions, we can get protection before we proceed or we can have sex after she gets free from her exam. But she said she would take pills and started to force herself on me. After exam she and I went to our homes and the same day she took the pill .  After one month i.e. MAY2018, she said she is pregnant and had ectopic pregnancy. Her family members did’t react to her pregnancy. She refused to get surgery and started blaming me since then , after that in September2018 she asked to meet her and we did’t have penetration sex because i did’t have precaution and refused to have sex. She blocked me and left me with little fight. After one month, she messaged she had abortion. She did’t share any report. And start blaming me indirectly. I always requested to get proper treatment but she simply refused, she did’t take rest and travelled 7-8hours distance tours many times, and she drank couple of times also and this made her condition worse.

She is telling i have destroyed her life, i have played with her, i made sexual relation with marriage proposal(but i did’t) . She lie many times, previously i had guilt feeling because i did’t know deeply about ectopic pregnancy. She started approaching my family 2019. She came to my house in odd hours. My family clearly said we will not accept this marriage and disown our son. 
She threaten me that she will commit suicide and shared picture of her bleeding  wrist. I got scared and consoled her and told her that I will marry her and 2 days later I told I won’t marry as I have agreed under her suicidal pressure. She threaten me saying ab dekhna main kya karti hu, jindagi bhar pachtaoge”. And as of now she has not get recovered from her ectopic pregnancy and she is under the treatment.

Now her father is also approaching my family. I tried to tell him that her daughter is blackmailing me and forcing to marry her. 

What legal complications can be there, how can i save myself from such situation. What if she commits suicide and what if she files a rape case ?
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

There are also cases where false rape cases are a mode to extort money by settling cases the outside court and then there are the infamous “breach of promise to marry” cases which also come under rape cases.

You should try to procure evidence which can be used to evidentiate that the sexual relationship between you and the girl was voluntary. Also, the hotel bills can be used as evidence that the sex was consentual.

Also, stay away from the person who is accusing you until you can legally defend yourself. Chances are an evidentiary hearing will happen that will permit you to state your side of the rape accusation case. Until this occurs, stay away from your accuser to prevent them from making any further accusations against you.

 

You can file a complaint against the girl at the nearest police station stating that the girl is threatening you to file false cases against you in order to extort money from you. Don't forget to take stamped acknowledgement of the written complaint given to the police.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

I Advise you to kindly file an intimation complaint  in your local police station stating about the situation and about the suicidal threats she is giving you.

Even though she files a false complaint against you, you will have a stand,

Draft a intimation report and get it vet by some lawyer, so that only relevant facts are mentioned. 

If she files a false rape case you will have to take an anticipatory bail and god forbid if she commits sucide, the intimation to the police will help you.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

They can mostly file false case of rape on promise of Marriage and cheating to pressurise you. But you will get Anticipatory bail. Don't succumb to illegal pressures

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

file police complaint against her for her constant threats to commit suicide 

 

2) enclose copy of messages received from her 

 

3) consensual sex is no offence 

 

4) if colleague files rape case apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. It was a consensual sex, but this is not how she will project it if she decides to take legal recourse. Courts in India have time and again frowned upon the practice of women to implicate men in false cases of rape when the relationship goes to rocks. She may also do this-file a criminal complaint of rape under Section 376 IPC on the ground that you promised to marry her and thereby induced her to consent to sexual intercourse. If and when the FIR is registered you should immediately apply for anticipatory bail.

2. Send an advance intimation to police regarding her threats so that a safety valve is created for you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) First, you have to cross check on ectopic pregnancy and her reports on it whether what she is saying is true or not or just blaming you.

2) Before she does any act against you. First you can make complaint against her in local police station for attempt to suicide and you should not blame for her act.

 

3) File sexual, mental harassment and torture case against her in your local police station.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) police would issue you notice to record your statement 

 

2) there is no automatic arrest 

 

3) you can apply for and obtain anticipatory bail from sessions court 

 

4) you don’t have to stayin jail for 3 months 

 

5) only after FIR is filed can you apply for AB

 

6) girl friend can use audio recordings against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

- You will be called to record your statement with prior notice

- For AB, do consult with the local lawyer once the FIR is registered. Generally the AB is granted with shared facts.

- Try to gather as many as evidence to support your answers/defense w.r.t threatening, harassment and to prove the actual motive to trap to marry.

- Such cases are regular now-days to extort money or blackmail for hidden agendas, do not buy the given threats and precautionary submit a complaint to nearby police station stating the facts.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Yes, in most cases, police take actions and arrest immediately on registration of FIR,

anticipatory bail seems really tough, i don't advise

there is no rule regarding time limit (period spent in custody) for giving bail but usually, in such cases, lawyer go for bail after the charge sheet is submitted

if she will make a complaint she will surely allege rape under the false promise of marriage, cheating, sexual assault, assault on modesty, might be unnatural sex, SC-ST act (depends on your caste) also, etc

she can involve your parents/family members also in SC-ST act (depends on your caste)

no, better to try to settle the matter amicably

yes, such call recordings can be used against you 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1)Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control. 

2)consensual sex between two adults is not a offence. 

3) you should contest the case on merits. 

4) police cannot arrest you without investiagate. 

5) may be she can use audio recording as a evidence. 

6)apply for anticipatory bail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file Anticipatory bail before filing of FIR by her. Once you get Anticipatory bail you will not be put in jail. She can file cheating also as mentioned in my advice earlier. Police can arrest you if fir is filed so try to take ABA before FIR if possible

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Answers to your questions:

1.Yes and may arrest as this is a cognizable offence , you may say that after investigation but this will be decided in the court police may say, so please be cautious.

2. Same day you may get.

3. No but if the police say that investigation is on and you may hamper the same then scene will be different and the time of filing the charge sheet is 90 days. This can be easily manage.

4.Yes, she may.

5. May be as the court's now a days taking the material as evidence.

6. In my opinion please file immediately a complaint that the lady is blackmailing you and threatening for the dire consequence if his un-wanted desires and money has not been paid, this will help you and as the cross case will be there then it will be easy for your also to get AB, so do it at onece. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

See to pressurise you or to force you for marriage she can file false complaint of rape on ground that the consent for sex was obtained with promise of marriage though you can defend same with the proof of hotel bills , your conversation and other circumstantial evidence.

Further for now you can file a.police complaint against her on ground that she is threatening and intimidating you for false cases and forcing you for marriage.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Police in the case can arrest on FIR you need to seek Anticipatory bail if the Complaint is filed from sessions court.

See it depends on the court though it take 2-3 days generally.

No it is not compulsory that you stay in jail for 3 months.

See can file for cheating or harrasment. See has ko.connection with family so she cannot file anything against them.

She can use such recordings and you need to.dispute same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, make sit clear that you are in a very difficult situation, and should act according to the time.
  2. There are two points that you have to be in mind, for making your case more strong, first is that if you can prove that she hided the fact of her prior life and took marriage promise from you and second is that you never promised her that you would marry her and every time the intimation was with mutual consent.
  3. And if you can have anything out of the above two points then you may get Ancilatory Bail.
  4. But, the fact that you will have to be In jail for few months is competely a false story.
  5. Her acts would help you for sure, Rest would be able to guide you more precisely if can have detailed conversation with everything on paper (messages etc.).

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

She cannot file a rape case especially when she had a consensual sex with you and the court also will not entertain such claims even though the police may file false and wrong rape cases.

At the maximum she may file a cheating case under section 417 IPC for which if found guilty you may be sentenced to undergo at least two years imprisonment.

However do not allow the situation to develop to that extent, instead talk to her and arrive at a compromise by shelling out some money bargained upon.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes, the police can register  a criminal complaint and may even arrest you, but before that you may obtain anticipatory bail.

For AB it will take at least one week time depends on the court and place.

You have been wrongly informed that you may have to remain 3 months in jail, it is not so, you can obtain AB without getting into jail.

Rape case may not be maintainable and if she is alive then suicide case also is not maintainable.

She can maintain the cheating case only i.e., had sex with you on the promise of marriage.

There are no reasons to involve your parents in this case.

What case you can file on her, you dont have any reason to file any case agaisnt her except that she is threatening you etc.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer