Legally, breach of promise to marry is neither breach of contract under civil law or offence under criminal in law in British Columbia, Manitoba, Ontario and Saskatchewan. In other states of Canada it is treated as breach of civil contract and the defaulting party is liable for payment of compensation as damages to other party. But promise of marry cannot be enforced, that if it is established that there is breach of promise court cannot order the defaulter to get married to other party. No action can be initiated in India as the transaction took place abroad. But as there was texting and exchange of videos/pics from India, you can file criminal complaint in cyber police under Information Technology Act, that will not also be much effective as you are a consenting party.
He broke the promise of marriage when asked to talk to his family
Hello Sir/Madam, I am a citizen of India, studied in Canada and was in a relationship with a guy past 9 months. He is a friend of mine past 4 years as we are from the same engineering college in India. We were in a live-in relationship all these months. We entered into the relationship on the idea of getting married. Once for the relationship started together, we had a lot of ups and downs yet always sticked together. I visited India in the month of Jan 2022 leaving him there. He moved out of the place we lived together and moved to his work city in Canada and moved in with his friends. Right after I landed in India, I could see him avoiding me and later expecting and wanting a breakup from me. I was always consistent with my love towards him. He acted upon his mood yet I was understanding of his mood swings. Trusting his words, I proposed about marrying him to my parents as he promised me to talk to his parents once after I let my parents know and marry as soon as possible. They were not happy with the fact initially and later were left with no choice as I was adamant about marrying him and having a life with him no matter what. Once they are kind of ok with my proposal, I started asking him to talk to his Parents. He always postponed it diverting the topic. Recently, I was very particular about him talking to his parents as my dad wants a closure with his parents to move forward. And suddenly he started saying that he doesn't like me anymore and interested in me anymore. He said he lost his feeling right after I left to India for a vacation couple of months back but I am unhappy with the fact that he still wanted nude video calls and sexting all this while when I am India from Jan till couple of days back. I have got proofs of all the text messages of him promising about marriage and sexting with me. I trusted him and imagined a whole life with him. Now he blocked me from communication and left me with no other choice. I am feeling very devasted and depressed. I am often feeling suicidal and worthless recently. I would like to still marry and lead a life with and be with him amidst all that has happened. Would you please let me know how could I legally handle this situation as I have got no other option to have him and let him stay in my life.
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8 Answers
File police complaint against him under section 376 of IPC for rape as he had sex with you under promise of marriage
rely upon messages exchanged with him where he promised you marriage
From the facts narrated it appears that you entered into this relationship voluntarily. Mere promise of a marriage shall not bind the other person legally to fulfil it, unfortunately. Please do not even think of suicide at any stage. You have your parents' support. Forget the affair and move on. It is not the end of the world. God willing, you may find a suitable partner soon. Good luck!
- 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 4 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.
- You are in liberty to lodge this complaint at any police station of India.
- If no action, then you can file a complaint case before the court.
- Further, 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, you can also lodge an FIR against him under section 376 IPC for the offence of sexual relation on the pretext of marriage.
Hi, You have to convince him to marry or else you can lodge police complaint.
You can give a complaint to the local police about his cheating activity and having sex with you under the promise of marriage.
But since he is residing in a foreign country, the local police may not be able to help beyond a certain stage because they may not be able to take appropriate action against him as the alleged offence is reported to have taken place out of the country.
You can file for breach of promise of marriage in above case.
Dear Client,
You may file a suit against him on the ground of rape on pretext of marriage.
Thanks & Regards
