• Guy cheated in the name of relationship

Hello,

I’m 35 yrs women unmarried working for private company. In dec 2017 i met one guy in Tinder he is a divorced 40 yrs working in same city. We exchanged contacts started conversations in April 2018 then met became friends and continued. One fine day after 5 months July 2018 he planned a trip and made me book hotel and we went in his car that night he forced me sexually molested mentally physically emotionally forced me to have Sex and morning when I started crying he convinced me to get married and try and continue relationship for sometime as he is recently divorced and needs sometime. We continued our relationship with few good and bad situations he always used to make me take pills to avoid pregnancy and again he planned another trip in dec and forced me to join and again forced and used me for sexual contact for 4 days. After we were back to city and I was diagnosed with some skin reaction that turned my face black he started ignoring me but relationship continued till April 2019 but I was sensing his ignorance and distancing from me I had to ask him about Marriage he as usual threatening and said will sucide if I go to his parents or tell anyone about our relationship. I couldn’t control my emotions I had to tell my family about he cheating on me my uncle called him to meet and discuss he then confessed on May 31st 2019 that he is engaged in April and doesn’t have any relationship with me I’m just his friend and nothing to do with me. I went to seek help from his family his parents abused insulted me and my family and said will pay compensation but will not get his son married to me. As I’m brutally cheated in the name of marriage and commitment and physically used emotionally and mentally threatened I’m seeking justice. We have filed FIR against him on sec 376 and 420 he was sent to jail for 10 days and he is now out on bail as his lawyer brought in the act that guy and girl are matured and it’s mutual live in on going relationship so this shouldn’t be considered as rape or cheating. He was granted bail and he is out.

I’m having 164 Statement recording in court on July 1st in presence of judge.

Kindly suggest me how should I proceed with the case. He is very smart and a professional cheater that I don’t have any written proof of marriage or commitment from him in text. How can I fight for justice he promised me orally but I don’t hold any text evidence on promise of marriage. Please suggest.
Asked 6 years ago in Criminal Law
Religion: Hindu

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26 Answers

You statement will be enough as you have presumpion under evidence Act. You just be firm on your FIR and say that he raped you on pretext of false promise of marriage. And when he fulfilled his lust then he back out.  You can call me through kaanoon for personal telephonic consultation if you need more details. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you can tell before the court that time and again he promised for marriage orally , on marriage promise he took on trips and made physical relationship with you. Just be truthful donot make up things in cross his lawyer won't be able to extract any negative agaisnt you

Further cite the incidents before court in examination in chief that at what time he promised for msrriage.and reason he is back stepping..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In your statement mention you met the guy through Tinder website that he forced you to have sex in July 2018 ( mention date of incident ) 

 

2) that he orally promised to marry you and forcibly used you on number of occasions ( mention date and time of each incident if possible) 

 

3) that when he refused to marry you then you had gone to his parents but were abused by them and they declined to agree to marriage proposal

 

4) your contention should be it was not free or unequivocal consent for sex but it was under promise of marriage  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File an appeal in Telangana High Court, obtain certified copy of bail order from district court and file for cancellation of bail.

Kindly refer to this judgement:

"Sex After Obtaining Consent By False Promise To Marry Is Rape, Reiterates SC"

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

As per SC one of judgment that if a boy and a girl who stay together in one room for more than 24 hours alone and had physical relationship will be treated as husband and wife.

 

So in your case you had stayed with him twice and one is 4 days get that proof and file additional paper as your his wife and further he should be treated as husband.

 

If he denies than file for divorce with huge amount of alimony and maintenance.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You must be having evidence of you going out of station with him. Also at your age people are trying to settle down and hence this was a serious matter. These all should be stated before a judge.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

before court you can tell he promised for marriage and made relationship. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello, 

It is good that you have filed the case. Do not worry if he has been released on bail. 

Go ahead and give your statement. 

Make sure that the examination and cross is done in a good manner and I am hopeful that he will be convicted. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Why you worrying , he has only granted bail and matter is still under investigation and later on trail. SC has held recently, Sex on false promise of marriage is rape.

What kind of conversation/ chat with him do you have at present ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Why didn`t you charged him for forced rape on first time. Than FIR would have been different. Later consent you had given cause first he raped you by force and when you were to file complaint agasint him, he promise to  marry and repeatedly raped you on the pretext of marriage.

Live in cannot be possible, as for it - long stay together and separate from family, you were never in rented accommodation or owned house for longer period as husband and wife and in live in too, rape can be commit.

Don`t reply to any of his smart talk, just get admission, that first time he forced you for sex and later on pretext of.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See there is corroborative evidence In text and recordings wherein he mislead you with false.promise of marriage same.can be used against him.court to.satisfy that he has mislead and cheated you and had physical.relastionship with you.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Rely upon messages where he agreed to marry you if you do not claim his property or file any dowry case against him 

 

your plea should be it was not free consent but forced to have sex under promise of marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes he may be doing these kind of things for a long time. But you should stick to your story....ie what happened. Also during 164 you should state this that you only had sex on the pretext of marriage.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Consensual but no marriage is still rape

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

It will be very difficult to prove the marriage promise by the man in court. 

I also advise you not put so much trust or confidence in SC judgements in this regard because in recent past many SC judgements contradicts with their own judgements in same subject matter issued in past or by higher benches later on. It is frustrating but it is true.

It is better if you in addition file a civil suit for claiming compensation for mental agony and harassment on the basis of common law of torts.

Further it must be kept in mind that in criminal law onus to prove the allegation totally lies on the prosecuton and victim. A little chance of being the accused innocent would compel the court to acquit the accused. 

This is for your information on how law stands in this particular kind of issue.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

I strongly advise you to consult with some good criminal lawyer because if the opponent engage some good lawyer you may find difficult to prove him guilty in court. Criminal law is total different in principle from civil law. It is not so easy. Make some allegation and win the case. Discuss personally with some lawyer. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can do as advised. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Burden of proof is upon prosecution to prove allegations made beyond reasonable doubt 

 

2)you have to prove that your friend promised you  marriage 

 

 

3) that you had sex with him under promise of marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Just lodge the FIR through a competent advocate, there is a judgement to your problem

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

See based on your examination in chief where you can state about the oral promises and the incidents before the court and further the messages can corroborate you can support your case.

See in such cases the onus is on the accused to prove that he is not guilty though you need evidence to support but the onus is on him also. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Query too long. Ask in brief.

As I said matter in under investigation, merely granting bail dose not mean , he absolved from crime. Policel definitely will file charge sheet and quite possibility he will be booked for rape. Further his conduct will prove by the fact that he was keeping physical relations with out anf simultaneous relation with other girl to marry.

Show FIR and bail order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since you have got the case registered against him, you need not worry about his tactics.

He has to face trial in the court.

While examination before court you may depose evidence stating how he used you, exploited you on the false promise of marriage, ther is no necessity to provide any evidence for the incidents that took place within four walls.

You may concentrate on the case and fight it out properly to get him punished.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You dont be disturbed about the subsequent developments.

You may be strong and rigid in your statements and the actions proposed to initiate agaisnt him through court of law.

Do not withdraw your complaint for any reason or under any pressure.

Let his lawyer twist the case in any manner, you be stubborn in your statements and fight for justice.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your worries are unnecessary.

You have already given the complaint to the police.

Now it is the duty of the police to prosecute him 

Dont get confused while deposing evidence in court 

Be firm and strong in your commitment to the case and get the case decided in your favor.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The evidence which you have carry more weight than what you say he stated or told you....unless of course you have the recordings and chat screenshots.

Your mutual friends can also give evidence as to what happened.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear 

You just stay on the statement throughout the case that he forced you to have sex in name of marriage. And he force you to have physical relationship when you went first time on trip and after that he promised to marry you so that you don't complaint about this to police. 

As supreme court recently cited that a consensual sex In name of marriage can be considered as Rape. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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