• Threaten for marriage

I was in a relationship with a girl with physical involvement also, but from the start i had told her that i would not marry her..my commitment was, timebeing if i will get another relation as per my family's wish then i would move ahead and would accept my family'wish. She was also agreed in it previously. 

In the relationship i had also told her each and everything about my family and my business and all the other informations which is usual when we talk to someone which i took it lightly. Sometime afterwards when she got obsessed with me then i commit her, just to relax her, that i will talk to my father for marrying her whereas i never talked to my father because i never wanted to marry with her. Now i have been engaged with another girl and she, the first girl has been troubling me and my family to marry me with her. when my family also refused to do so , because i told them that i dont want to marry with her. so she has shown some photos of our relationship to my engaged in laws, i dont know if those photos are obscene and that led my engagement broke. We also took this matter in our community and with girl's family person and we all fought , even though i refused to carry the relationship with her. I clearly told all of those people openly that i dont want to marry her and i never have this intention but i have told here few times that i will talk to my father and in the last also referred them that my father is not ready and dont like the girlls family and the girl as well. 

Now she is threatening me andy family to marry her or she will annihilate me and my family. 
This is been going around from last 10 days and me and my family is so frightened. She is challenging that on the coming 3 days she will come to my home and would marry with me. Or she will go to police and would file the case. 

The reason why am i not ready to marry her because i have heard several of bad things about her and i know some of the incidents personally where she is involved with other guys in my same community. all of the person i talk says the same thing. The girl have also accepted somewhere when we used to talk these bad things and casual affairs. 

What can i do please help me.
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

See she can file a case of rape in these facts stating that you made.physical relationship with her on false promise of the marriage in case FIR is registered you can be arrested you need to seek bail and also you have to defend yourself in the trail that no such promise for physical relationship was made also you never promised her to marry, also your family refused and the girls behaviour and character was not right therefore your broker up.

See you can either settle with them mutually if possible through society if not and FIR is filed you have to contest before court.

At this instance you can file a police complaint against her and family that they are intimidating for false cases and defaming you and harassing you before society.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Promise to marriage but cannot do so due to denial of parents will not attract charges of rape. So your version will be first you never promised her to marry and secondly, your parents are also agasint the relationship from the day they into knowledge about her.

For rape charges, promise to marry was a promise given with no intention to honor it, and that such a promise was the only reason why a woman agreed to a sexual relationship.

As of now, you should not do anything. Just 10 days are passed, to come out of this mess have to give long time - hope no case filed.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Giving threat over phone is a crime and for this you can file a case for criminal intimidation.

2. So before she files a false case of rape you can must lodge a complaint of extortion and criminal intimidation.

3. Though the case of rape even if filed by her would be dismissed alter on but initially the Police can arrest you. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You need to contest if she files any police complaint. There is no way you can stop anyone from filing police complaint but can take steps later depending upon what she files

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1) record her threats 

 

2) file police  complaint against her for her abusive behaviour 

 

3) you cannot be forced to marry against your wishes 

 

4) in case girl files false rape case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Prior to her reaching to Police Station you write a complaint and send it to the Police Station describing all the fact that as you have broken the relationship due to her behaviour, she is threatening you and blackmailing and pressurising for marriage.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- As per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.

- Hence, the consent for physical relation obtained by giving false promise of marriage is amounts to rape.

- Other side, Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Since, the said girl is black mailing you in the garb of relationship, hence her such act is against the law.

- You should lodge a complaint/information with police for your safety against her for extortion under section 384 of IPC, and for threatening to implicate in false cases.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You should immediately file a complaint to the local police station about the threats given to you by her and the apprehension that she may file a complaint against you and involve you 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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. She cn file case against you for false promise to marry and have physical relationship on this basis and lodge FIR against you for Rape. 

2. You should try to solve the matter amicably and try to convince them that even if you marry her the marriage will not workout. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can obtain anticipatory bail if she approaches police with a complaint for cheating or rape against you.

You remain firm in your decision to not marry you, she may be frustrated and approach police, at that time you first obtain AB and then challenge her false claim in the trial proceedings.

By extracting contradictions during cross examination, you can hope for getting acquitted from the criminal case.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You should file a complaint before a magistrate for criminal intimidation and threats by the girl. The complaint should be filed by you and your family. You should inform the court that you didn't promise that you would marry her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask a Lawyer

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