• Breach of marriage promise

My brother in law was honey trapped and was in that relationship for 2-3 years. The girl in question used to trap such innocent guys and later blackmail and extort for money. She staged a fake temple marriage with him, later even got pregnant and finally aborted that baby. When my brother in law found out her history, he decided to quit that relationship. Now the girl has resorted to humiliating him in public and social media and now threatening him against rape charges, 

Can you please suggest if this should go under Civil lawyer or criminal lawyer?
Also, what does Indian Penal code say in such scenarios? Is marriage considered valid? Can rape charges be applied? Is there any charge for breach of promise of marriage?
Asked 4 years ago in Family Law
Religion: Hindu

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38 Answers

This is not a rape on the pretext of marrige but can be booked for Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

Since both are under belief of legal marriage, no case of rape made out.

Boy can apply for divorce or declaration of marriage not valid.

Ground will be her past history to black mail boys to extort money and same she is now doing with him.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. You can engage a good criminal Advocate file a complaint against that girl for intimidating and extortion and further if police fails to accept the complaint file a private complaint with magistrate.

2.See if marriage was conducted as per personal law then in that case annulment has to be filed as it is valid marriage so a petition for annulment is to be filed before family court.

3. If marriage is valid it cannot be rape.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes marriage is valid.

She can file rape.

She can also file many other cases that a wife does .

I would advise you to initiate the police complaint against her for 420,406IPC before she files any complaint...

File police complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You need to engage criminal  lawyer if case of rape is filed against you 

 

2) no case of rape is made out of you are her husband 

 

3) rely upon marriage certificate procured by wife 

 

4) file for divorce on grounds of mental cruelty on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Respected sir...

This case will come under criminal law ...

Sir there are two situation one is you have to face rape charges and second we have to consider that a valid marriage and escape from the rape charges...sir if she file rape case against your relative then it would be difficult for him to defend as that is a non balable offence ...and if you consider that a valid marriage then file annulement of marriage ... marriage will be desolved and ur relative will be at safe end ....

I need some more information to make ur relative safe I am from Delhi you can call me for further assistance...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

He should definitely go for a criminal lawyer as the charges of rape are covered under section 375 of the Indian Penal Code.

The marriage would not be considered valid and would be void if it was done during the subsistence of your brother in law's first marriage.

Rape charges can be applied or not can only be ascertained after seeing the evidence in you brother in law's possession.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If he was married earlier then his marriage to that girl is illegal and void. But if he wasn't married then that marriage is valid if both of them followed rituals. She can dwmand money. But it has to be established that she has done this to other guys in order to prove that she is a fraud.

Go for a criminal lawyer. She can level rape charges.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. This is both civil as well as criminal wrong. 

2. If the physical relationship was consensual and was not done out of false promise of marriage then there is no scope for misuse of law.

3. If there is imminent danger or chance of further scope then you must lodge a complaint of criminal intimidation and extortion. 

4. This complaint is incumbent to pre empt any overture from the lady in filing false case of rape. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Lodge a police complaint against the girl for extortion threat cheating and breach of trust. If you lodge complaint at earliest you can save your brother in law from fake case that might be filed by the girl. 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Your Brother-in-Law (BIL) has to take services of Criminal Lawyer.

Your BIL can use the certificate of marriage performed at Temple.  Yes, the marriage is valid.

No rape charges cannot be applied.  There is no breach of marriage, Marriage is already performed at Temple.

Your BIL can use the humiliating tactics used by her in social media etc., and the abortion done by her (medical reports), the above acts of the lady amounts to mental cruelty, as such, he can file for divorce for mental cruelty.

He can also file complaint to local police for acts of intimidation & extortion by her, if the police refuse to register FIR then let him send the same through Regd. with Post Ack. Due, after obtaining the acknowledgement, he can file private complaint before the concerned Magistrate (through Criminal Lawyer, he hires). 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

How do you say that the marriage was a fake temple marriage?

If the marriage was performed in a temple in the presence of a priest or any friends, then it can be termed as legally valid marriage.

If he found her to have cheated him along with many other people in the past in the same manner, then he can very well file a criminal complaint against her with the local police for this acts of crime.

But he has to have substantial evidence to prove her past acts of such crime to prove her acts of fraud played upon your brother in law by her.

After that he can even file an annulment petition to annul the marriage which was solemnised during the subsistence of her previous marriages and this marriage was done by fraudulent means.

Let she give any complaint against him for cheating or even rape, he must explore her with documentary evidences to prove her acts of extortion and fraud  so that her case or criminal complaint will get dismissed/defeated. 

Let him consult a local advocate , discuss the subject matter at length, gather all the evidences and proceed legally as pr the advise of the advocate after the current national crisis comes to an end and the courts resume its normal functions.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Go to criminal lawyers, rape charges do apply, there is a judgement

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

It will come under criminal case.

 

There are many things to be known before deciding the validation of marriage-

1. Whether the couple was major at the time of marriage (girl 18 and boy 21).

2. Whether the marraige was with the consent of the boy or not.

3.whether there is any fraud in convincing the boy for marraige.

Under sec 11 of hindu marriage if the marriage was solemnized with defrauding or misrepresenting boy then the marraige can be voidable marriage if the boy file the case with in 1 year of knowing the fraud.

Now you have to gather proofs regarding her preivious wrong deeds and prove this marriage void. 

 

If the marriage was solemnized with proper rituals and priest and all the essentials of valid marriage was conpleted then the charges of rape can not be charged. But you have to prove the fraud done by the girl in the court of law.

Tarun Singhal
Advocate, Chandigarh
38 Answers

5.0 on 5.0

Dear Sir/Madam,

You are suggested to consult the criminal lawyer and discuss the things. You are also suggested to submit an humble application to police authorities regarding apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members. This application can be sent by post, but preserve the application and postal receipt.    

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Without taking saath phere,  hindu marrige not valid. But u keep your defence as I advised above. Presumption of marrige 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

A Hindu Marriage is said to be incomplete if the process of saptapadi is not complete. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

There is no valid marriage as marriage was not done as per traditional Hindu customs and rituals 

 

merely applying sindhur on forehead does  not mean you are are legally married 

no need for divorce 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. There will be no rape charge if the marriage is established. Otherwise also there will be no rape charge since it was a consensual s*x and rape was not reported for such a long period.

 

2. However, it is to be understood that temple marriage is also a legally valid marriage and if the temple has issued a marriage  certificate then it will be dificult for your brother in law to discard her 

 

3. It will be a civil case to be filed by that lady praying for order for having conjugal right.

 

4. She can also file an application for maintenance and can demand to  stay with your brother in law at his place as his wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If she can not prove that there was a marriage, then your brother in law might be able to escape her clutches.

 

2. Her becoming pregnant by your brother in law and then her getting aborted will not make any case against your brother in law.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Girls generally do that. Don't admit the fake marriage and get blackmailed by that woman. If she files any false FIR then take anticipatory bail from court to secure from arrest. Don't do any proceedings untill she files any false case. Let her take the initiative

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

If there are no evidences to prove the solemnisation of marriage then it cannot be considered as legally valid marriage.

However if she resorts to cheating and rape complaint then he has to first obtain AB and challenge her allegations in the trial proceedings only.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Do she have any pics of that marriage at temple.?

If she have the pics than yes she can prove that the marriage was done. In that situation divorce will be required 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If there's any photo or receipt from temple then it is a valid marriage in absence of any proof then it will not be considered as marriage before court its difficult to prove that their was a marital relationship 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

if the marriage was not proper and/or proper rituals were not followed he can file before court  for declaring same void.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No that is not a marriage. In a traditional Hindu marriage a priest chants mantras and the couple take 7 steps or rounds.

In the absence of the above the marriage did not take place. Don't acknowledge it. Deny it.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Divorce is not important here, rape will surely come and you may have to marry her to save yourself

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

file complaint u/s 388 & 389 of the Indian Penal Code. However, to do that you must first possess credible evidence which you may gather by recording the telephonic conversations, messages etc. Most important is that she should not know about this.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

no need to file divorce, marriage is not valid. 

Merely putting sindoor in the parting of a girl does not give a title to a man to be (her) husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You can go to either lawyer. It has traits of both civil and criminal law.

2. Marriage is valid if there is proof of marriage. Your brother-in-law will have to file a petition for annulment of marriage on the ground that his consent to marriage was obtained fraudulently.

3. Even husband can be prosecuted for the offence of rape of his wife if he has sex with her without her consent. If FIR gets lodged against him then let him apply for anticipatory bail immediately.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If there are no photographs of marriage and saptapadhi was not done then marriage never took place.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Taking seven steps together before sacred fire is must for Hindu marriage . 

This saptpadi if not performed,  shall be a valid ground of denying the marriage as complete. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Querist

It will be better to admit the marriage, that marriage will be void if he was already married, hence there will only one case, she can be filed, which will be for maintenance only. if your brother in law dispute this marriage then she may file a case for rape, but cannot succeed but during the trial, he has to face humiliation and mental torture. A criminal lawyer who deals with matrimonials too will be the best in this case, you may take the help of that lawyer, if there are only threats yet, then it will be better to file the extortion case against her before police or court as you think fit.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

In the instant case there is no marriage but if they have stayed together then the court will presume them as married.

You should consult a criminal lawyer in case you need to get bail as once you start ignoring her she will file criminal cases.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

- The photographs of sindhur and performing normal rituals can be considered as proof of marriage. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

The activity done by your BIL and the lady does not comply with the basic requirements of Hindu Customs & Rituals of a Marriage, as such, it is not a valid marriage.

Simply applying Sindhur (Vermilion) on her head does not amount to marriage.

The question of divorce will not arise.

As detailed in earlier reply, just be alert and follow the advise given above.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- 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.

- Further, Supreme Court has held that rape charge cannot be invoked in case of consensual sex between ive-in partners

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

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

However, 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.

- Further, As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, if she shows a certificate of marriage , then the said marriage with her without getting divorce from the first wife is not valid . 

-  Further , since the second marriage is not a valid marriage , hence as per law she cannot be called a wife, except a consensual relationship, for which no rape case made out now.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. This will be a criminal case against your brother in law if that girl lodge FIR against him for making physical relationship by doing fake  marriage.

2. Yes marriage will be considered valid but if you all can prove that it is business of girl to honey trap boys then you can save your brother from this case and even charge girl with criminal case of extortion and blackmailing.

3. If your brother in law have proof of honey trap then he can lodge FIR against her before she takes legal action against him it can save him from false cases. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Client

  • I would suggest you that, before moving forward with any kind of legal step collect evidence against her, voice recording, video recording and messages in which she is threatening you that she will file false cases against you.
  • You are also requested to arrange for a copy of the abortion report which she has done earlier and also the proof’s regarding the fake marriage. 
  • You are also suggested to get in touch with her previous partners with whom she has done the same and ask them to become a witness in case she files a case against you.
  • She may file a criminal complaint/case against you before police or court u/s 376/493 of IPC for the false promise of marriage and rape, and also criminal complaint about cheating and breach of trust can be filed.
  • You 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 you and involve you in false case.
  • Besides file a case of Section 39 of CrPC which is Informatory Application detailing the entire set of fraud done by her upon you and your apprehension that she may come up against you with false cases. This is a one hearing case so it won't take much to get it registered unless the judge is on leave or he adjourns it for some or the other reason. Besides you don't have to inform about this case to the opposite party so she will never get to know about this case. This case is only to inform the State that someone is planning to drag you in to false criminal case.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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