• I want a legal opinion on my issue stated below

I was having a relationship with a lady,but i havent given promise that i will marry her,i told her that if parents allows i will marry her,so we had all types of relation with permission.i dont have any photo proof or some other docs,but i dont know whether she has it or not,and we hvent done anyyhing legally like register marriage or some thing like that.now i directly told that i cannot marry her,so they may move legally,so pleas advise me that in which all way they can charge case against me or they can move legally
Asked 5 years ago in Civil Law

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29 Answers

She can file case of rape against you 

 

2) she can take the plea that you had sex with her under promise of marriage 

3) your defence should be it was consensual sex with no promise of marriage 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

As per Article 21 of Indian Constitution Act, Nobody can force to anyone to get marriage , It Individual wish or Rights to Life. But if she make complaints against you for Rape or Sexual harassment, under section fraud, mis-representation, coercion, Psychological coercion  etc then can't say anything, because nobody knows what's running in the lady's mind at this time. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If she files a complaint then she will file of cheating, fraud , rape and so on, so in these circumstances if you apprehend then have to forget that you were in relationship with her, say she was your GF if asked for if not then no worry , you can also file a complaint with the police department for blackmailing by the lady by name if she try to contact on phone or by any other way, otherwise keep mum and sit at home. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Apply for and obtain Anticipatory bail from sessions court in case false FIR is filed against you 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. It is not clear whether her consent for sex deepened on your promise for marriage or not.

2. Even if there was promise of marriage on permission of your presents then your physical relationship with her may amount to rape.

3. So if you still have good rapport with her then consider marrying her  unless she does not have any interest left. 

4. if she files complaint FIR u/s 376 IPC may be registered and beofre you get arrested apply for anticipatory bail. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

As long as your relationship with her was consensual; and you haven't cheated hr in the name of marrying her, I do not think so you need to worry a lot.

Our Courts believe that 'Consenting adults indulging in sexual relationship are fully aware of consequences and must bear the same'.

Going by the above, the law is with you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If the incident has happened in the past, then ask her date, timing etc .. then you have to prove on that particular date a time you were some where else instead of her place.

 

First check what type of allegations she is raising against you then we will come to conclusion.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This will be a criminal case and there shall be so many proofs she can produce , which can be in the shape of messages,chating, mails, visiting to any hotel and so on , first of all your concern shows that she has taken some steps towards the matter.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The fact that you both got involved sexually with each other is no offence. There is clear demarcation between rape and consensual sex. Today, she cannot convert any such consensual sexual act that took place 2 years back and assert it as an incident of rape out of anger and frustration.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Messages , audio recordings are admissible in evidence 

 

if you have messages which prove that it was consensual sex with no promise of marriage her case would be dismissed 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Would suggest you to hire a local lawyer immediately.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

It is too early to predict what steps can be taken by them.  Be calm.  Wait and watch. Let them initiate any action and then you react according to the facts and documents placed on record with the complaint, if any.   Till then relax.  If you have not done anything wrong, you prove yourself innocent and if you have done anything against her wishes, they would prove their case.  

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Yes definitely you will face problems if she moves women commission ,Court of Law and family Court as well.

Liv-in  relationships has been accepted and admitted by our Supreme Court of India and both are not less than husband and wife. 

She might have lots of proof Digital, Electronic Media, Print Media, Social Media and cellphone calls which come under IT Act 2000.

She may charge you for cheating and rape charges as well.

She may go for maintenance against you and may claim alimony from the court.

She may file FIR under section 498 A .

She may file complaint before Magistrate Court for residence order and interim order for maintenance till finalization of her grievances against injustice being caused to her at your instance. 

These are above mentioned action she may take against you legally as per Apex Court order recently held for women, wives and unmarried girls living in liv-in-relation. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes this will be a criminal case.

If there are no evidences available than you must try to catch her and let her admit that sex was with consent in the written statements of her 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If she files any FIR against you then you need to take anticipatory bail in the said matter

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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, as per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.

- Hence, she cannot take any legal action against you , if her consent for sex relationship was with you , and it was not on the pretext of marriage or forcibly. 

- She cannot move women cell for the relationship . 

- However, if she is having certain proof with you like letter , message of getting marry, then she can only lodge a complaint against you . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

It is quite possible that she will file cases with all sorts of false allegations and you are suggested to be mentally prepared to answer those questions. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear sir,

In the worst case scenario she can lodge a complaint for offences under Sections 354 - Outraging the modesty of woman,  376 - Rape, 420 - Cheating. 

All of these are serious offences and if she files a complaint you'll immediately have to engage the services of any advocate. Move an application for anticipatory breach. And later prepare your case to defend yourself.

The lady will not get the public prosecutor. Public prosecutor appears for the Police, and presents all the evidences that police has collected. If there is no evidence, he is legally bound to tell the truth. 

If this happened 2 years back then her case will become very weak. A lot of courts have time and again held that if the girl gives consent to engage into sexual relations on the promise of marriage, and later the person does not marry, it will not amount to an offence. 

In order to prove that you did not make promises, several factors would be taken into consideration such as:

Nature of promise, education and age of girl (whether she could have been fooled like this), your conduct all throughout these years etc. There are a 100s of factors involved and they depend on case to case basis. To discuss in detail you can contact any advocate through Kaanoon.com. 

Lastly, do not worry. If you haven't done anything wrong, like forcing her, or manipulating her then she won't succeed.

Hope this answer helps.

Best wishes.   

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

as discussed by you, you developed physical relations with your gf with her consent. If she was major i.e. above the age of 18 years and was in a position to understand her good or bad at the time of giving her consent only than you need not to worry in any manner. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

incase if she lodge complaint apply  and obtain Anticipatory Bail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Pre marital sex between two adults is not illegal in India. Our Constitution has no such provision or clause which mentions that Pre marital sex between two adults (above age of 18 years) is illegal. The consent for pre marital sex should be mutual and should not have been obtained by any threat or pressure. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

She may lodge a false complaint against you with the police that you have cheated her.

She may give a criminal complaint stating that you promised to marry her and had sexual relationship with her and no you refuse to accept her or marry her.

The police may register a case under section 417 IPC and prosecute you.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

In case of any such complaint with the police, you may first obtain anticipatory bail and then challenge her case in the trial proceedings with the support of documentary evidences and merits in your side. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

In the criminal case you can cross examine her on the basis of hr statements given before court about the alleged promise made by you.

You can cross examine her on the basis of the evidences she may produce and get them nullified.

In the event of an y filed against you, better take the assistance of an experienced lawyer in the local to defend your interests.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. Sex with consent is not rape but the tendency in this country is to file a complaint stating that the man had promised to marry but has now resiled his promise. Many FIRs are got registered in this manner.

2. If FIR gets registered against you as well under Section 376 IPC, which is most likely, you should immediately file for anticipatory bail and also file a petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. In a prosecution under Section 376 IPC the solitary statement of prosecutrix is sufficient to convict the accused. The court need not necessarily look for corroborative evidence if the statement of prosecutrix is found truthful.

2. Be prepared to seek anticipatory bail if FIR is registered,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She can lodge an fir against you for rape cheating and criminal breach of trust. Apply for anticipatory bail and be prepared.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you have to be prepared. Apply for anticipatory bail in case any complaint is lodged against as this is a non bailable case and the police will immediately arrest you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes it will be a criminal complaint. There can be no proof in this case as she will say that i did consent but only because he promised to marry.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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