• Breach of promise to marry

Hi i am 27 year old male, I am in relationship with a girl since 3 years,since last year my girlfriend is asking me to marry her. I have clearly told her that i can marry her only after our parents agreement.
I have tried to convince my parents for the marriage but they are not ready.She is now pressuring me to convince my parents else she will file a case against me.
During our relationship we did kissed each other and did foreplay,but never had sex with her. 

Will there be any case against me of breach of promise to marriage. I am very terrified please help me with this.
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
Live in relationships are dangerous to the extent if you have had a physical relationship and if she conceives during this period and thereafter if she alleges breach of promise to marry and alleges Rape on grounds of promise of marriage.
]But from what you describe your live-in relationship, it has not gone to that extent. However if you have texted her of your intentions of marriage during your 3 year relationship, she will likely to use these text messages as proof, along with other incidental proofs of your travel, such as photos, hotel bills, lodging receipts etc., to lodge a complaint against you.
If you cannot convince your parents about your intention to marry this girl why did you allow this relationship to progress for 3 years, you should have stopped it immediately.
If the girl is persistent in her demands for marriage and your parents are adamant they it is for you to choose between the two, you are an adult, if you were to take your parents side then you will have to face criminal charges that might be filed by this girlfriend of yours. If you love this girl choose her and avoid future complications.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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Inform her behaviour to her parents, ask them to convince their daughter that you tried to convince your parents for the marriage but since they did not accept, you have to end the relationship and that you are not at fault for doing this.
If this does not resolve the issue, then send a written complaint to the jurisdictional police station stating that this girl whom you knew is making false allegations and is threatening to commit suicide if you do not marry her. send this letter by registered post acknowledgement due.
this will prevent further complications.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1. Well the problem is if she alleges sex on promise of marriage then a case of rape would be heaped upon you.
2. If she has otherwise active in sexual life then it can not be proved that you did not cohabit with her.
3.So better engage her in negotiation and settle amicably.
4. it would not be harmful to marry her if all of you like her.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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1. If you have not promised to marry her and based on such promised managed to get physically & emotionally close to her, then she can not file a case of breach of promise against you,

2. Lodge a police complaint about her applying force on you to marry her as a precautionary measure.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. She can not file any case against you which can stand legal scrutiny,

2. Even if she files any false case, it will not have any merit,

3. However, lodge a police complaint against her as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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She can threaten you by telling that if your do not marry her she will commit suicide or draw you to the streets to insult you to the core.  These are some of the strategies these girls adopt for making an emotional blackmail.
If you have not done any wrong thing to her i.e., having compromised with her on some false promises to marry her and retreating from your words, then you  dont have any reason  to worry to this extent.  You can boldly challenge her false allegations and the false cases thereon. If at all she lodges a complaint for the offences of rape and cheating attracting sections 376 and 3417 IPC, you first obtain anticipatory bail and then challenge her case in the court. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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No fog will appear with out a spark. You know your parents behavior  well and also know whether they allow the marriage ?Then with out your parents sanction why you touch her and kissed her? 

If she filed a case against you ,then you will face.If you have not done any wrong then why you feel worry?If you have not promised to marry her then no need of worry.
If she threaten you file a complaint before police soon.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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1. A promise to marry is not legally enforceable. So you cannot be prosecuted for its breach.

2. However, your gf may file a case for rape and cheating against you on the ground that she had sex with you after you promised to marry her. If she does this then seek anticipatory bail without any delay to preempt your arrest and then contest her case in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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