File case of rape against your boy friend under section 376 of IPC as he had sex with you under promise of marriage and has refused to marry you
Hello Sir or Madam. I'm Mary pursuing Dental surgery. I was in a relationship with guy (also a Christian) whom I met 10 years ago we were friends since then but he proposed to me in 2014. I said yes and we were in a relationship since 6 years. My family and friends knows him and he talks to everyone from my side on phone since then. Visited my home and family twice. But he didn't tell even a single person from his side that I exist in his life. Not even as a friend. On asking he used to take it as a fight and convinced me hundreds of times that "he want this to look like an arranged marriage not a love marriage" so he said he'll show me to his mother saying he got some match and then marry me. I believed him Everytime. He said he truly love me and made me feel too. I believed Everytime. We were sexually together more than 11 times (the first time was forced) I've forgiven and submitted to him later out of complete trust. We met once a month or two as I was studying in a different place and he works in Hyderabad. He promised to marry me Everytime we met. On February 12th 2020 he called my mother asking my hand for marriage after April. He said he will bring his family to my home. My mother believed just like me. But on 15th February my mother called his mother regarding marriage and they are denying for the marriage, he says a different story that he didn't love me and I'm just a phone friend to him and only met me twice. He says he once loved me that's true but now he doesn't have love on me. But just 3 days back he spoke to my mother. None of his family is believing me and my friends who were witnesses of our intimacy. They say we have never seen you in 6 years so cannot believe you. I have every evidence photos, videos, video call recordings (intimate that's what he always asked me for) and call records of him asking me to convince my parents for marriage and give time and plans about getting married when and where. Intimate talk about how many times we've been together. I've pleaded, begged their family not to do this to me after all these years but his family is so stone hearted they aren't believing the pictures and calls too. I'm shattered and my family is devastated as we all believed him and most of my family knows him as my fiancee. I'm depressed and suicidal hanging on one last thread of Hope and parents. Please help. I've been cheated and used sexually in the name of love and marriage. And unable to live with the blames he has put on me that he never met me other than 2 times in these 6 years and only friends. I was very loyal and committed to him. The only fight we used to have was me questioning him why he was hiding me. If this was his intention, please help me sir/ madam I'm broken helpless and suicidal. His father(Late) was an ex ACB officer and my poor family is scared to file a case on them fearing their influence. Please help me
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File case of rape against your boy friend under section 376 of IPC as he had sex with you under promise of marriage and has refused to marry you
Lodge a Police Complaint against him saying that he induced you into sexual relationship on the false promise of marriage and hence lodge complaint against him of rape and cheating.
Dear Concerned,
Lets take the Harsh thing first - YOU have been used by this fellow all your life and when it came to marriage he is not interested to marry you.
Here are two views , you can not force him to marry you, however you can certainly file cases for cheating, harassment and rape if you would like him to be punished. NOTE that in case you intend to file any case against this person , you may never have the same relationship you had - FIRSTLY you need to sink in that HE always used you for his sexual desires.
The other is call him and tell him that you are throwing him out of your life and warm him that under any circumstances and situations he should not contact you are should break all ties with you, as moving further from now on if he ever interfere in your life in any way you will take legal action against him . SO forget him and move on.....yes , thats tough but sober you realise the better
Regards
Madam,
It is a brotherly advice to be first mentally strong and fight against the person who used you and killing your self esteem and even so coward to accept the truth. You are suggested first of all, to have clear discussion with that guy in presence of some of your close friends and if he is not agreed and denying as to what happened, please file the police complaint without any worries. Though he may an influential man, but he can't buy law. Also, try not to be emotional/angry while talk to him and also have recording of this talk. Last but not least, don't be coward like this and think never of something like suicidal. You have done under faith and you have not committed any crime. Rise and raise your grievance.
Dear Concern,
Please note -
01. Any physical relationship which was established out of the false promise of marriage amounts to rape under section 376 of the IPC. From the fact what you are suggesting is one can assume that your boyfriend never had any intention of marrying you since day one.
If you want you can get an FIR registered in against him under section 376 of the IPC coupled with other sections like 354 (outraging the modesty of a women) and 506 (criminal intimidation).
Over here I would also like to apprise you of the fact that a failed relationship do not amount to rape and this is an established principle in the court of law. So if your boyfriend establishes this fact that your relationship is a failed relationship and not a forceful relationship like what you are saying in your story then he will be acquitted of the charges under section 376 of the IPC.
Also let me tell you that Section 376 is a non-compoundable offence which means this case can't be compromised in any condition. So if you are going ahead with this case then that means your relationship with him is over and now you wants to get him punished for his sins which he has done to you and your family.
02. Another way round to this case is to file a case of domestic violence wherein you come before the court saying that your boyfriend is abusing you on all such counts which you can get counted be it physical, mental or emotional.
Domestic Violence law recognises live-in-relationship as one of the legal relationship allowing the partner to protect their rights under the law. And as per the court judgement live-in-relationship is equal to a relationship of being a husband and wife only.
But to come under this law, you have to prove that you were in live-in-relationship all these while by the way of all evidences which you can have. One of the difficulty which I see in your case is your long-distance relationship which may prove detrimental to your case while trying to establish that there was any sort of live-in-relationship. This aspect of your story may compel any judge to consider your case of boyfriend and girlfriend only and nothing over and above that.
However, if you are able to prove your case by this route then that means you will be able to bring your boyfriend back in your life and you may end up living a happy life for the rest of your time on earth either as live-in-partners or as husband and wife.
You need a very intelligent advocate by your side to prove this case in your favour and an intelligent advocate will cost you like anything.
If you have take my advice over your present situation, I would advice you to -
(i) try negotiating one on one basis with your boyfriend about this situation,
(ii) if he doesn't agree upon this, tell him that you will come against him under law to seek your custody and this relationship as per the domestic violence act as law do recognize live-in-relationship and you have enough evidence with yourself to prove your live-in-relationship. May be this will work in your favour. Make him realise that once you are before the court under this law he won't be able to get away from you and no one else will try to give his daughter to him as his wife.
(iii) if he doesn't change his mind thereafter as well then that means this relationship is over and though you considered this to be a relationship your boyfriend never thought it that way. In that case, go with the first option which is file a case of Rape under section 376 of the IPC.
In my personal opinion, this relationship is anyway over and no matter how hard you try nothing will change. Even if you convince him for this relationship he will never reciprocate the way you always wanted him to do as a husband and so will be the case with his family. So in this case the best thing to do is to get him punished for his wrong deeds by filing a case of rape. But before doing so try negotiating one last time under the light of domestic violence act and live-in-relationship. May be that work for you.
My best wishes for your future.
Whatever connections they have or father was x ACB official has no value.
If you will file FIR of rape on the pretext of marriage, he will certainly land in jail and no bail for long time and higher possibility of conviction.
Whatever proofs you are sufficient to proce your case. No influence will work, on the contrary, if police supported him. May lost the job.
File FIR of rape and also complain to women commisison. With the support of WC, FIR will easily register and investigation officer will be under pressure to conduct fair investigation.
Dont mention that her family is denying to marry you. Keep your complaint to the point that on the pretext of marriage, he made physical relations with you.
And you always protested to get physical but he emotionally blackmailed u.
Hi
You should without fear approach the nearest woman police station and file a complaint against the cheater.
The offences are Cheating and rape on the pretext of marriage.
Do NOT worry about your economic condition and you should take your evidence (photos, videos and video call recordings etc).
Police will call and counsel the boy and his parents.
You can call the woman police official in the contact address provided at http://www.cyberabadpolice.gov.in/women-corner/women-protection-officers.html
Karimnagar
M.Suryakumari
Alternatively, please visit the police commissionarate opposite karimnagar municipal bus stand and Police will help you.
Hello,
Hi
You will have to file the case.....no other option....
1. Let him go... if NO....
2. File police complaint for rape, breach of trust, cheating, threat to life.
They will benon their knees, but you have to complaint for that. You mentioned you have all the proofs....so....go ahead.
Give a written complaint to the S.P of your area via post and mention in that complaint that they are influential persons so investigation is needed to be performed by the senior officials.
COWARDS THINK OF SUICIDE.
This is a real case of cheating for which this man must not be allowed to go scot free.
He used you only for his carnal pleasure which is a crime as well.
This man can't be trusted at all and you must take resort to law to teach him the rigours of law.
So you can lodge a complaint of rape on the ground that ge lured you to sec with him on false pretext for marriage.
On this complaint the Police can register FIR and arrest him.
Don't spare him.
1. First of all u should not be fearful that the boys people have any influence. Law is intself strong enough.
2. File a complaint under Indian penal code under sec 493.
3. An FIR of cheating u under sec 420 against d boy for promising u of marriage and sexually exploiting you. This will be a criminal case against him. U can produce all evidences if u have in support.
4. As u said d 1st physical relationship made was forced then u can charge him with Rape uner sec 375 Indian Penal Code.
5. U & ur family should be strong enough to punish d guy who used u for such a long time. U r an educated individual doing dental take strong decision .
You should try to give punishment to the man who has done all wrong.
But law has its own loopholes.
I think it is my duty to explain the relevant law how it stands and its applicability.
First consensual physical relationship is not rape. Then if consent is given against a promise of marriage, it shall be rape if promise is not kept. This is a supreme court rulings. But there are other SC judgements interpreting the judgement in differnt way and pronounced a varied judgement wherein it is stated that an educated and or modern society woman is totally aware of consequences of modern life style and so it can not be logically concluded the she has been made dceived by such promise of marrige and therefore she can not use that law for her benefit, which is made for uneducated or remote village woman who are not aware of consequence of modern life style and simply believe in the word of her close person living in such society.
This is not to discurrage anybody but to bring into the knowledge of the affected parties about what is supreme court view on this issues so that affected parties can take a reasoned decision what to do and how.
Hello,
If this was his intention and if all the facts as told by you are true then you may go ahead and file a FIR for rape i.e., establishing sexual relationship on the ground of promise of marriage.
Get in touch with a local lawyer who may help you in the same.
Regards
Dear Madam,
Under Indian law, there is no particular statute that punishes such an act. However, the Supreme Court of India in one of its landmark judgments had stated that sex on the pretext of marriage would amount to rape if the promise to marry is not fulfilled later.
If you have been similarly cheated by your boyfriend you can file an FIR in the nearest police station under section 375 (rape), 415 (cheating) and 506 (criminal intimidation) of the Indian Penal Code.
How to file a complaint?
To file a complaint under the Indian Penal Code you may approach the nearest police station that has authority over the area where the crime was committed. You can then ask them to register a First Information Report (FIR) against the accused and provide them with all the proofs regarding the case which are to be retained by you for later use. The proof would include any written conversation between you and the accused, call recordings of the accused accepting the crime, etc.
In case the police refuse to register your FIR, you can directly approach the Superintendent of Police or other higher rank officers such as Deputy Inspector General and Inspector General and they will either personally investigate your case or would direct a team to look into the matter.
What happens after an FIR has been registered?
Once your FIR is registered, the police will conduct an investigation based on the FIR, which may also include arrests of the accused. The offence under section 375 is a cognizable and non-bailable offence, which means that the police can make an arrest in such cases without a warrant. After the investigation is complete the police will record all the findings of their investigation and would make a charge sheet which will be submitted in the court. The charge sheet will state whether a case is made out against the accused and if substantial proof regarding the same has been found in the investigation or not.
You can also file a detailed criminal complaint against the accused stating all the facts of the case. It is recommended to have an experienced criminal lawyer with you during this step. He can guide you with the court procedure and can also draft and file the criminal complaint on your behalf.
How can a lawyer help you?
A case such as yours is a complex issue to deal with in a country like India where there is a huge pile of criminal cases pending in the court of law. Criminal procedure in India involves various steps which would require you to deal with the police at numerous stages and would also involve going to court. This is why it is essential to have a criminal lawyer to help you through the procedure and to guide you with the best possible way to resolve the criminal issue. An experienced lawyer who is an expert in handling criminal cases can help you draft an effective complaint which can hold your case in the court on solid grounds and can also represent you in the court to ensure the best possible outcome for your case.
What happens if the issue is not resolved timely?
A criminal case in India is time-bound under the Limitation Act. In case the criminal complaint is not filed within a reasonable time after the occurrence of the offence, the court may not entertain your complaint unless you have a valid cause and you may not even get a chance to ask for justice. Thus, it is of utmost importance that timely action is taken to resolve the criminal issue and therefore, it is advisable to take the help of a good criminal lawyer to help you through your criminal case.
See you should not fear filing a case here just because of his influence you have to believe in system and give time for justice. You may file a complaint before police station of rape against the said person on ground that he made physical relationship for 6 years on false promise of marriage and even adding the ground that your first time physical relationship was forced by him only because this marriage promise you failed to report same. If police fails to take your complaint file a private complaint directly before the honble court.
He was never going to marry you. People introduce somebody especially their gf to their parents friends and relatives if they are really serious about it. I am sorry but this was a red flag right from the beginning.
Don't be afraid of his father. File a case of rape and cheating against him. He has played with your feelings and defrauded your parents friends and family.
Hello,
Immediately file a complaint against him. If the police tries not to file the case then file a case before the judicial magistrate. You will win this case if the complaint is drafted by a competent lawyer from the very begining. thereafter the case will be conducted by the public prosecutor or the government lawyer.
Hope this helps.
Regards
Mary,
1. you can file a complaint against him for using your body and soul under the false pretext of marriage,
2. he will be charged for Rape (establishing sexual/physical relations on the false pretext of marriage), blackmail, extortion, harassment, etc
3. since you offered/served him your body & soul under the guise that he will marry you, consequently, in return he should be committed to you only, and inclined to marry you,
First of all you shed away your fears about their influence.
You approach local police station with a complaint and also produce the evidences including the photos of our intimacy.
You keep one set of the photos and other documentary evidences you would be submitting to police so that if the police tilts side, you can file a private complaint in the court directly on the basis of the documentary evidences in your possession to get him punished as per law for his cheating offences.
If he is proved guilty of the offences he can be sentenced to undergo imprisonment upto two years in jail, so out of fear, her may compromise and would be willing to marry you.
You can file a FIR of cheating, breach of promise to marry or even raping in pretext of promise to marry against him
1. You should lodge FIR against that person for Rape by giving false promise of marrying you.
2. Send a written complaint to SP of Karimnagar, the complaint should be properly Drafted by advocate so that a strong case is formed against him.
3. No need to worry about his influence as courts are very strict against police in crime against women.
You can use the evidence viz., photos, videos, video call recordings etc., which you have to prove your relationship with him. Using the same, lodge police complaint against your Boy Friend for raping you under inducement of marrying you.
You can also lodge complaint with concerned Women Police Cell at your place with the available evidence / proofs which you have.
The proofs you have will come to your rescue, no need to worry. Be bold, and fight for your rights.
- 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 your boyfriend by giving false promise of marriage is amounts to rape.
- You can lodge a complaint against him for the offence of sexual relationship /rape , on the pretext of marriage.
- Further , as per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.
- You should lodge a complaint against him before the police and higher official , after mentioning all the facts in details.
- You are in liberty to lodge this complaint at any police station of India.
- If no action , then you should file a complaint case before the court .
you can definitely drag him by filing cheating case under section 406 420 and also 376 Rape, but once you get involved in this all you will ruin your life as it will definitely create much more stressing days because litigation. therefore I shall suggest you to start a new life..
1. Laws do not contemplate punishing people for giving premature end to a pre-marital relationship and not walking down the aisle. A man/woman who falls in love with a person is always at liberty to fall out of love too, without facing any legal consequences.
2. No case is made out against this man.
3. You should seek counselling if you have suicidal thoughts and move ahead in life.