• Breach of marriage with my lover

Actually we are in relationship from 5 years from 2 years I have been feeling torture from her because she doesn't have minimum maturity and always doubts on me and we don't mutually understanding and she was Chating with other boys and I took from her gold not intentionaly she was balck mailed me that if you not take i will cut my hand she done it also some amount but that is the point she was filed case on me #but already I informed her that I am studying CHATERED ACCOUNTANT course please wait after that I will marry but she doesn't care of that and right now I have exams but she want book a FIR me and police was also supported her he doesn't listen my words she don't have proper maturity and I felt I have been torturing from her side so what about my Carrier and we are some financial sick.if police filed case on me what I do pls suggest me
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

You had consensual sex with no promise of marriage 

 

2) in event your girl friend files false rape case against you apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99893 Answers
8153 Consultations

She cannot compel you to marry her.

It is normal for love affairs to fail.

If you never exploited her physically on a false promise of marriage, there's nothing that you should be worrying about. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can get anticipatory bail 

 

2) she had given her consent to have sex with you for last 5 years 

 

3) you have to contest the false case filed against you 

 

4) chances of conviction are bleak 

Ajay Sethi
Advocate, Mumbai
99893 Answers
8153 Consultations

1. This lady is suffering from insecurity about her marriage with you and from this insecurity she is behaving in this weird manner.

2. if you still love her then to gain her trust once again and to avoid getting arrested in rape cahrges register your marriage with her and later on when you are settled in profession then do special marriage.

3. If she alleges that you have had sex with her on false promise of marriage then case of rape can be registered against you.

So avoid this and marry her. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

  1. Marrying is your prerogative. No one can force you to marry. So don't give in to her pressure tactics. 
  2. What do you mean you took her gold?? Return it immediately

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See if police file FIR on you without any strong ground you need to first seek the anticipatory bail to avoid arrest further you need to file quashing petition before high court to quash the charges against you. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See the case can be contested as physical relationship in deep love affair is not rape there can be difference and you can seperate from her, you will get bail do not worry. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As both of you very in relationship and had consensual sex you may not be punished by the court and of course you have to arrange for your protection in court in case FIR will be lost by your girlfriend police might take action after the FIR lost you can go to the high court for quashing the FIR otherwise well before that you can apply for anticipatory bail as the case may be because the anticipatory bail is not allowed in every state so you have to check that if it is allowed in Telangana to save yourself from arrest

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello, 

If police files case on you then obtain anticipatory bail at the earliest and get in touch with a local advocate who may help you in filing a petition for quashing of the FIR, if possible. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Consensual sex in a relationship does not amount to any offence and the same has been reiterated by the Hon'ble Supreme Court in plethora of cases. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)  Don't talk in "If and but" whether really take such steps against you than you can tell police that you want to marry with her not denying facts as your CA exams are at corner and you don't have to spoil your carrier.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If she files FIR you can seek anticipatory bail and then contest the case

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

Dear client 

You should be careful from now onward while talking to her and keep recording of your calls and also provoke her by asking questions like why are you blackmailing me and ask her about the sex you had that have I promised to marry you when we had sex and questions like that so that you can collect the evidences for your defence.

Consensual sex after making false promise to marry is crime not consensual sex without promise. you can easily get bail in this case as it is matter of love and sex not a rape case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

U should immediately file a complaint to the local police station about the threats given to u by her and the apprehension that she may file a complaint against u and involve u in false case. 
Also get the complaint drafted by a good lawyer or else u might land up behind bars as per the prevailing laws of the land. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

Legally no it won't amount to rape as held by apex court on many of the judgments.but in our judiciary one has to make allegations only whether it true or false is a matter of court trial. So if any one complaint about rape police will have to investigate the crime and one will have to face the process.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

If the police is registering FIR then you may take AB and then challenge her false case in the trial proceedings.

As you said that she is lacking in maturity she may go ahead with the complaint, hence you may have to safeguard your interests properly.

 

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Even if it is consensual sex, it would be termed as the promise of marriage hence the police will register the case under section 417 IPC, hence you may better obtain anticipatory bail and challenge her case in the court of law.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

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