• Regarding lie in relationship

I came across a recent case :- Where a boy registered himself on matrimony website and came in contact with one girl .They met 3-4 times at s public place and there were promises of marriage made by both boy and girl through text messages and other mode of communication .But suddenly girl came to know that boy was married. Here are few points to consider:- -There was no s*x between them. -There is no marriage /engagement ceremony. -There is not any financial transactions. Can a girl still file a case against boy. If yes under which section
Asked 5 years ago in Criminal Law
Religion: Hindu

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25 Answers

Dear Sir,

Breach of promise to marry is simply refusal to marry on part of either boy or the girl and it is not an offence as such under Indian law.

No action can be taken against a person under Indian contract act for breach of promise to marry. You need to understand that there is no consideration (payment) when it comes promise to marry and that's why it is not a Contract under law.

However if a man has entered into physical/sexual relationship on the basis of promise to marry then a rape case can be filed because the consent from the girl's side in this case will not be considered to be a valid consent. The consent in such cases is considered to be “tainted consent”.

And if there is only refusal to marry without any sexual relationship, nothing much could be done according to me.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi,

In the instant case, the other proof may be gathered through the telephonic conversation and past records of the matrimonial site. It is thus better to end the relations and settle the things amicably. If not possible, the change the number of mobile and end the relation completely. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

No criminal case has been made out against the boys as per the facts and circumstances narrated by you.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can try filing a complaint against the boy for cheating, but the chances of FIR being registered are very less.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Girl can file case of cheating against boy as he lied about his martial status met girl under false pretences , promised her marriage 

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

File case under section 420 of IPC for cheating 

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

I think you will be able to make out a case of sexual harassment against this guy.

He must be immediately reported to the Police so that he does not repeats this behaviour with any other female. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Breach of promise of marriage does not give rise to any actionable wrong or in other words no case can be filed if one of the parties alter retract from marrying another .

So the girl can not file any case.

had there been sex between the parties then case of rape could have been filed as sex on false promise of marriage amounts to rape.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

No case made out till as no deceiving either fraudulently or dishonestly not any gain.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No case is made out in this situation as there was no sexual relationship on the pretext of marriage.

Robert D Rozario
Advocate, Mumbai
27 Answers

5.0 on 5.0

The girl cannot file any case if there is no physical and financial transaction .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See just based on the screen shot of profile she cannot register a FIR though there can be a complaint but police shall not register complaint on these facts.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is necessary to peruse the said messages to advice further 

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

What kind of ?

No family commitments, no [physical involvement. Nothing will happen.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Only on beach of promise of marriage case can be filed. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

See there are text message of promise but the guy has neither has physical relationship or demanded dowry or any financial loss are there so in case of no injury as such no complaint shall be maintainable .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes a case of fraud and cheating and misrepresentation under the provisions of the IT act can be filed bby the girl

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear client 

Merely speaking some lie and making false promises without committing some offence is not punishable under Indian law. 

As there is no sexual relationship or Financial transaction done by fraud or some other offence it will not be punishable.

But you can file complaint for stalking against that person but the ingredients of stalking are also not there to prove it but you can try it to teach him a lesson 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can take chance by filing a complaint by adducing all the documentary evidence which is in your possession.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If the person has promised to marry you and upon that faith you have entered into a relationship you must take a legal action against him. You have remedies in both civil and criminal law. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file case u/s 420 of ipc against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There was no promise to marry her by him;

There was no consensual sex between them;

There was no engagement  between them;

Thus it was just a friendly relationship between them;

There is no cheating done by the boy to the girl as well;

Thus it can inferred that she has no case to file against him except to leave his company once for all before any damage is done to her by him.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

She cannot take any action against him.

Their relationship was on a friendly note alone.

Let she ignore the events with him and avoid his company in future and get away from him permanently.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Text messages are not admissible as evidence before court of law, moreover the text messages cannot confirm any such promise to marry neither it would be maintainable since he is a married person.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

There is no physical relationship, so there is no offence has been made out against him.

 

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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