You need to check whether in relationship she has cheated you for money or defamed you etc. Otherwise only harassment in relationship there is no specific law
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Is there any law for manipulation and harassment in relationships
I had been in a relationship for the past 7 years. The relation was not exactly smooth and there were multiple times I was manipulated and harrased. For the past 3 years, our marriage was fixed 4 times and then broke off. I had been patient, but found out recently that after 6 months of our last coversation, she had got married. I know she has the right to marry and there is nothing I can do about it. But is there any law or legal steps that I can take for the manipulation and mental stress/harrassment I had to go for these years?
Asked 4 years ago in Family Law
Religion: Hindu
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13 Answers
In a case like this where she has already married, you cannot initiate proceedings against her. Before the divorce you could have filed certain cases.
- 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 on the pretext of false promise of marriage is amounts to rape.
- However, 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, the Supreme Court held that rape charge cannot be invoked in case of consensual sex between ive-in partners.
- Hence, she cannot take any legal action against you in the garb of relationship .
Forget her and move in in life
you can file police complaint of cheating against st your girl friend for breach of promise to marry but it would take years to be disposed of
Listen, you need counseling, it will heal you and your mind. and in a few sessions, you will get over all the past bad experiences.
Promising to marry someone and breaking off is not a legally punishable offence, though in the process one may suffer mental agony. You need to forget and move on with life.
If there was any agreement between you both in this regard that you both shall get married on the basis of the relationship you both were into, then you can initiate legal process for breach of contract and also can seek compensation for the mental agony she caused you provided you have substantial evidence to prove and convince the court about the mental harassment you went through and the losses you suffered due to this harassment.
@T Kalaiselvan, Thanks for your response. Does the agreement has to be written? Or verbal and infomal commitments are enough? Also what is the section/code which covers mental harassments in such cases? @Prashant Nayak What is specification of defamation in such scenario? Does it have to be public or among friends, family and colleagues is enough?
Asked 4 years ago
Difficult to prove verbal commitments
agreement should be in writing
if your name has been maligned among friends ,family ,colleagues it amounts to defamation
You can mention even the oral agreement in the presence of some witnesses from both the sides in order to establish and emphasis your earlier relationship with her. you can mention in your complaint with the police that instead of she honoring the agreement, she cheated you for the purpose of monetary gains from you and tilted towards another person when is more wealthier than you, thus she has committed the offences of breach of trust,m cheating and all such things has caused you great mental harassment and agony, thus you may request the law enforcing authority to book her for the offences of cheating and breach of trust.
In my opinion, no defamation case would nbe maintainable as per the details or the background in your case.
1.Both of you had no legal relationship amongst yourselves.
2. Both of you were free to go your own way if you did not gel with the other.
3. No body had any legal binding on the other as regards conduct is concerned as exists between husband and wife.
4. In the eyes of law, she has not committed any crime as such for which no case will stand against her.
1. Any agreement to marry a particular person is not legally maintainable in the eyes of law since no one can be compelled to anyone without his/her wish.
2. No case of seeking specific performance or breach of trust or defamation arises in the instant matter.
3. It will be prudent on your part to start your life afresh forgetting the past however difficult it might be.
It generally is public but also if defamation is done I'm front of friends and you have witness you can file the same. You need to have strong witness or evidence in the same to prove your case in court
Dear client,
You can approach the police and make a complain of threatening and harassment against you if they are continuing to do so. However, you cannot raise a complaint against her if she promised to marry you but then decided not to as there is no law covering such a situation.
Thank you.
