• Issues after my roka

Me and my bf are in relationship for more than 3years. I amd doing my phd and he is in his job. In year 2020 his family accepted me and did roka privately and my family also did roka of my bf in front of his family. But soon after roka his family started pointing out mistakes in me and saying that I am not going to do job after my phd. His brother and his mother ka judging my character that I am not going to be nice life partner just bz i am not in a job right now. My sisters r married and having kids. So bz of this they r not doing job. His brother is claiming as my mother and sisters r not in job I am also not going to do job. And saying he doing mistake for marrying me. Now its being 8months of roka they have not talked about engagement and shadi, but only pointed on me. Since starting of the relationship I had clarify everything to my bf. I dnt knw what to this. I this issues r affecting me mentally. We both r 32years old.Kindly help me.
Asked 3 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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14 Answers

If you both are independent then you should marry each other un case they are building a case against you by criticising you and pointing out defects/problems in the relationship.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should talk to your bf and ask him about the marriage and when it's happening. Ask your parents to talk directly to the bf.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Once you both have decided to marry then i don't think that you need to prove yourself to anyone. But meet him anyways and see if that makes a difference.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If your boy friend  refuses to marry you file case of rape against him as you had sex with him under promise of marriage 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

It is your call 

 

you can call off marriage if you dont want to proceed in marriage 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Yku can give your bf ultimatum to fix date for marriage 

 

if he refuses then either call of marriage or proceed legally against him 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Dear Madam,

1. This is a clear case of cruelty. However, the ground of cruelty cannot be exercised until and unless you are in nikah.

2. Although, you may file a case for criminal intimidation against his family under the Indian Penal Code.

3. The Court is not considering cases that are not urgent in nature, due to the pandemic and therefore your case may take a long time to get resolved. 

4. Kindly opt for mediation, as it is a viable alternative.

Thankyou,

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Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

-  As per section 65 of Indian Contract Act, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it.

- Further as per section 73, when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him.

- Further, the party who broke the contract due to mistakes of other party will have also bear the consequences for breaching the contract as well. 

-  Further, breach of promise to marry also attracts an offence of cheating under S. 415 of the Indian Penal Code, if the intention was not to marry at the time of engagement.  

- Since there was already roka i.e. contract for going further for marriage , then on the break of relation or marriage promise your bf can be responsible for this and can be prosecuted by law on your compliant. 

- 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.

- Hence, if you were in relationship for 3 years, then you can legally take actions against him.

- You should lodge a complaint against him before the police and higher official, after mentioning all the facts in details.

- Further if he is benefited on the bed with you , then you can also lodge a compliant against him for the offence of rape on the pretext of marriage . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

The harassment is done by the parents and brother of your boy friend only and not by him, hence you may strictly tell him to proceed with the marriage directly at the earliest.

You can ask your parents to take steps to talk to them to arrange for marriage since it is more than 8 months after the roka has happened at both the sides. 

Once a pressure is built on them, they may come out with their actual intention to drag on the issue or to cancel the roka or the marriage proposal itself.

After that you can decide about further steps in consultation with your boy friend. 

Presently at the stage of Roka, no legal action is advisable.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

If your boy friend is also showing hostile attitude in this regard, you may decide whether it would be advisable to continue or discontinue this relationship because if he behaves in this manner listening to the ill advises of his parents even before marriage, it is not known how he will change his character after marriage.

Do you evidence for having given Rs. 10 lakhs to him, if so you may raise this subject  and ask him that when he will return this amount in your peace talks with him, you will come to know about his true colour when the matter of returning the money will arise. 

You can judge his character then and decide about the next course of action in this connection.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Actually what is your problem in getting a job.

Are you not willing to be employed and earn a good salary income especially when you are a highly qualified person, because this employment will secure your future too besides it will protect you interests in future when there is a dispute from any side due to financial issues. 

You at least agree now for name sake that you will seek an employment immediately after you have completed your JRF/SRF subsequent to the completion of your Ph.D., studies, in order to save your future.  

If they still create any other problem for any other silly reason then you can decide about breaking this relationship instead of spoiling your pretty life and bright future in the hands of such arrogant in laws and non supporting husband. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Hey,

As legal professionals we can guide you with regards to the legal aspects of a problem however the decision as to whether to continue the relationship into matrimonial bonds by giving ultimatum to your boyfriend or to end it amicably is a call that you would have to make. Post making that call, if any legal issues arise, we will be more than happy to help. But, currently the decision is yours to make. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

1. It is very silly what these people are saying. Be that as it may, if your bf is supportive of you and does not want a 'job wali girl' then you can still walk down the aisle with him.

2. At this stage there is no legal dispute involved.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you really want to cling to this bot and the proposed marriage, taking any legal action would hurt your prospects.

 

Dialogue is the best way to resolve this; else if you are willing to go to any extent, approach Police with a complaint for cheating and harassment. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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