• Consensual Relationship leading to pregnancy and now forced marriage

Good morning, 

This is a question on my friend's behalf. He is being harassed by a girl who was in a casual relationship with him for 6 months. They met last year and started a casual relationship 6 months ago. They both agreed that it was casual. In December, she got to know that she is pregnant. She travelled home without informing my friend and called him from her home to tell him about the pregnancy. Initially, she was ready for an abortion but then she changed her mind later on. Now, she is at 3 months pregnancy approximately and she is threatening to press rape charges if he does not marry her. Everything was consensual and there is a call recording of her saying this. He never promised to marry her. She even took him to the nearest police station, but didn't file anything. She is threatening to ruin his career, family and everything else.

She got her family involved and threatened to commit suicide and press rape charges if he doesn't marry her. Now, he's being forced to marry her. He doesn't want to marry her. What can he do now?
Asked 2 months ago in Criminal Law
Religion: Hindu

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8 Answers

You need not now down to pressure tactics 

 

2) if girl files rape  case apply for and obtain anticipatory bail from session court 

 

3) take the plea it was consensual affair with no promise of marriage 

Ajay Sethi
Advocate, Mumbai
100213 Answers
8184 Consultations

This is a blackmail, harrasment and coercion hence your friend should not rush to marry her out of fear.

Consensual sex between two adults is not rape 

Her acts amount to criminal intimidation.

The pregnancy does not create right to marriage.

Your friend can collect all documentary evidences to prove the false allegations.

He should not meet her or her family alone. No emotional arguments. Everything should be documented.

Before she lodges any complaint you should lodge a criminal complaint against her for the acts of threats, criminal intimidation and coercion along with false allegations made by her demanding illegal demands Even before any FIR is filed, if threats continue. Courts routinely grant AB in such coercion cases, especially with evidence. Hence you may consult an advocate and prepare for filingp a AB.

T Kalaiselvan
Advocate, Vellore
90416 Answers
2519 Consultations

If you marry her then the annulment is not possible for any reason specifically for the reasons you stated 

T Kalaiselvan
Advocate, Vellore
90416 Answers
2519 Consultations

If yiu are forced to marry on grounds of coercion file for anullment of marriage within period if one year of marriage 

Ajay Sethi
Advocate, Mumbai
100213 Answers
8184 Consultations

First and foremost, he should not agree to marriage under threat or coercion. A marriage entered into because of fear of false criminal cases, suicide threats, or police pressure is not a genuine consented marriage and often leads to further legal complications rather than solving the problem.

Consensual sexual relations between adults do not amount to rape merely because the woman becomes pregnant or later demands marriage. Courts have repeatedly held that rape is made out only if consent was obtained by a false promise of marriage from the very beginning, made with no intention to marry. From what you have stated, the relationship was clearly casual, there was no promise to marry, and there is even a call recording supporting this. Threatening to file a rape case to force marriage can itself amount to criminal intimidation and extortion. Your friend should immediately preserve all evidence—call recordings, chats, messages, and any proof showing consent and absence of a marriage promise.

 

He should consult a criminal lawyer locally and be prepared to seek anticipatory bail if an FIR is lodged. He can also give a preventive written complaint to the Superintendent of Police stating the threats, blackmail, and false implication risk, enclosing evidence. This often helps create a record and discourages misuse of law.

 

Now, regarding your specific question about annulment or divorce if marriage happens:

 

If he marries her under pressure and later wants to exit the marriage, the law becomes far more complicated.

 

Annulment is possible only on limited grounds such as fraud, coercion, or lack of free consent, but proving coercion is very difficult in practice once the marriage is solemnised and consummated. Courts are cautious in granting annulments, especially where pregnancy or a child is involved.

 

If she gets an abortion after marriage, that does not automatically give him a ground for annulment or divorce. Termination of pregnancy by itself is not a matrimonial offence unless it is done without consent and accompanied by cruelty, which again requires strong proof.

 

If she gives birth to the child after marriage, the situation becomes even more complex. He will be presumed to be the legal father, with obligations of maintenance, child support, and inheritance, irrespective of how the marriage began. Divorce may still be possible, but it will likely involve:

 

  • maintenance claims by the wife,
  • child maintenance,
  • custody and visitation disputes, and
  • prolonged litigation.

In short, marriage does not neutralise the threat—it increases legal exposure.

 

The most legally sound course right now is:

  • Do not marry under pressure.
  • Secure and preserve all evidence.
  • Consult a criminal lawyer immediately.
  • Be prepared with anticipatory bail if needed.
  • Consider a pre-emptive complaint against blackmail and threats.

Once a marriage takes place, the legal leverage shifts heavily, and remedies like annulment or quick divorce are neither easy nor guaranteed—especially if a child is born.

 

Your friend should treat this as a legal emergency and act proactively, not reactively.

Yuganshu Sharma
Advocate, Delhi
1243 Answers
5 Consultations

He can fake anticipatory bail and not marry her. She can’t press false rape charges in consensual sex

Prashant Nayak
Advocate, Mumbai
34841 Answers
254 Consultations

This is a classic case of using the threat of a criminal complaint to coerce marriage, which is legally unsustainable if the relationship was genuinely consensual. Your friend must not succumb to this pressure, as a marriage under such coercion is voidable and can be challenged.

He must immediately take the following steps to protect himself:

  1. Secure Legal Counsel: Engage a criminal lawyer specializing in such matters. The lawyer will guide the entire process and act as a shield against police harassment.

  2. Document All Evidence: Preserve the call recording (ensuring its admissibility under Indian evidence laws), along with all WhatsApp chats, texts, and emails that prove the consensual nature of the relationship and her subsequent threats of false charges and suicide. A detailed timeline of events should be created.

  3. Initiate Legal Action Preemptively: His lawyer may consider sending her a legal notice, cautioning against making false allegations, and/or filing a writ petition before the High Court seeking protection from arbitrary arrest. In some cases, a complaint to the police against her for extortion and criminal intimidation (Sections 384 & 506 IPC) can be considered.

  4. Cooperate with Paternity if Child is Born: If she chooses to continue the pregnancy, your friend must be prepared for legal proceedings for child custody and maintenance. He should not deny paternity; a DNA test can be sought later to establish it conclusively.

Regarding Annulment or Divorce: If he is forced into marriage, it would be under fraud/coercion (Section 12 of the Hindu Marriage Act), making it voidable. He can file for annulment within one year. Alternatively, he can seek divorce on grounds of cruelty, given the circumstances leading to the marriage. However, prevention is far better and less traumatic than seeking annulment or divorce later. Succumbing to blackmail sets a dangerous precedent and does not guarantee the threats will stop after marriage.

Lalit Saxena
Advocate, Sonbhadra
209 Answers

Dear client

From the facts given your friend cannot be legally forced to marry and mere pregnancy from consensual relationship is not rape

First on the threat of rape charges

If relationship was consensual throughout and there was no false promise of marriage then the offense of rape is not made out and the courts are very clear that sex between consenting adults does not become rape just because of women later becomes pregnant or changes are mine And since there is a call recording where she admitted that no promise of marriage was given that works strongly in your friends favor and police cannot register rape casually merely because marriage is refused.

Second on the pregnancy and pressure of marriage

Pregnancy does not create a legal obligation to marry. Indian law does not recognize forced marriage due to pregnancy. Threads to file false cases in family or unit reputation are forms of criminal intimidation not legal rights.

Third on the threats of suicide and harassment

Threatening society to force marriage or pressurizing someone is illegal and if such threats are documented your friend can Approach the police or magistrate for protection and he should preserve all chats all called recording and message immediately.

fourth what your friend should do now

He should 

  • stop verbal communication and communicate only in written
  • Preserving all evidence
  • Considering firing up preventive complain or NC complaint stating that he is being threatened with a false case
  • If police harassment begins approach the High Court for anticipatory bail

Fifth about abortion or child

The decision to continue or terminate the pregnancy lies entirely with women under the Medical Termination of Pregnancy Act and your friend cannot be forced to consent to marriage or abortion and if she gives the birth to a child friend me have civil liability for child maintenance if paternity is established but this does not mean marriage and maintenance and marriage are completely separate in law.

sixth about annulment or divorce if marriage happens

If marriage happens under threat, pressure or coercion it can be challenged later and such marriage is voidable and annulment or divorce Can be sought on grounds of lack of free consent and cruelty and however quotes always prefer that person does not enter post marriage at all instead of undoing it later.

If you have any query please feel free to contact us.

Anik Miu
Advocate, Bangalore
11179 Answers
125 Consultations

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