You can file case against him under the Indian Contract Act but not as per the Indian Constitution fundamental rights article 21 right to life.
I have been with a guy 2 years more 1 year and half we are in live in he got divorced 2 months ago but he committed to marry me his family knew from start and had objection that didn't bother him then and now he wants to leave me I want to my rights we both are from Mumbai I have many evidence of him being committed to marry me it was no doubt of such till now until his ex wife and family started blackmailing him He tried everything to leave he has assaulted me many times but for reputation and now that my whole world know I love him truly what should I do??
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You can file case against him under the Indian Contract Act but not as per the Indian Constitution fundamental rights article 21 right to life.
There is no right of a woman out of a love affair.
if the physical relationship developed only out of his false pretext of marriage then only case of rape lies.
Otherwise move on honorably.
If he had physical relationship with you on the promise of marrying you, then you can lodge a criminal complaint against him for the offence of cheating and breach of trust.
The FIR and the trial proceedings may put pressure on him to agree to marry you or he may be punished by law.
You live in Mumbai. Assume you have a good educational and social background.
These factors will weaken the merit of your case to a large extent because the SC judgement in this regard is mainly based on the breach of trust of remote area woman who are less educated and not aware of modern society life style and simply believes in words of others in a high society culture.
Can you satisfy the court that you are not aware of the modern society lifestyle and all its possible circumstances ?
If you can then it would be a good option to label the charges of cheating and rape. In this case also you have to prove that the promise to marriage made was false at the very beginning. A subsequent Chane of mind due some reasonable varied circumstances does not label the earlier promise as false.
This information is only for having an idea how court looks into this aspects.
With all genuine cause you can move to court for justice.
File case of rape against your boy friend under section 376 of IPC
he had sex with you under promise of marriage and has refused to marry you
rely upon messages exchanged with him
Dear Querist
there is two option one is moral and another is legal. If you want to marry him then there is no law in India by which the court forced him to marry you but you may convince him for the same and if he is ready then only the marriage can be solemnized.
Legally, you may file a criminal case against him for the offence of Rape under section 376 of IPC as your consent for a physical relationship was due to the false promise of marriage. he may arrest and send to jail, or you may file a criminal complaint against him before the Magistrate court under section 12, 17,18,19,20 of Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, monetary relief(maintenance if you are unable to maintain yourself).
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Dear Madam,
You may lodge criminal complaint against him and after issuance of FIR you may produce the same before his employer and see that he is terminated from job.
- 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.
- Hence, if you were in relationship for 2 years, then you can legally take actions against him.
- You can lodge a complaint against him before the police and higher official, after mentioning all the facts in details.
-If no action, then you should file a complaint case before the court.