• Speechless

I have been in a relationship with a guy for 4 years. Known him for 6 years. Has been physical with me and even got 2 abortions done through pills, I had spoken with him on both the occasions stating I don't want to go through with it. Begged him to take a stand with his family but both the times he promised he would marry me however he can't explain the pregnancies to his family right away. I have messages stating I don't want to take the pills. He called me rather than replying to the message. In 2013 his mom, uncle and aunt came to meet my family. Just because my family towards the end asked them how would you want to take this forward they got upset. Later that day he called and screamed stating that his brother and his wife are his family and they were not there so it was suppose to be clear that we won't talk about marriage. I not only suffered the pain of those abortions but also the after effects. 
In 2011 he had asked me to help him out with a few lacs stating he would return it within a year. Once his family came over to our house he said that whatever money he owns can be taken as a gift for him. Later said it was a joke. Some days he would say that his mom is worried that since I am a single parent's child with no brother who will support them at the hour of need. Other days he would say his bhai and bhabi said that they are not financially as strong as we are or does she know we don't have a house in our name or why has she not got married till date. He has been making me pay for his daily needs and all the expenses incurred if we went out anywhere. 
His bother along with his family has visited India numerous times after that however never spoke with me or my family. This guy kept on saying that he would marry me however he has to work out things professionally and family wise. I used to work with him in his company. He said he will pay me 50% of whatever he earned. However in practicality he would take half if everything I earned but never give me my share. There was no contract signed as he had a sad sob story about partnership. 
For the last one year when I has been asking him to set a marriage date since my family is getting worried that there hasn't been any communication from his family. The problems started he would miss my calls not reply to msgs. Not meet me on purpose stating he can't understand anything in life and doesn't want to get married at all. In Dec 2015 when I told him that he needs to take a stand and get married as he had promised he said that he isn't ready and won't go ahead. I told him its hurting me emotionally and I am getting really scared however nothing mattered. He said that we can be in the relationship but nothing more. My mother has been in a shock not knowing what has he done. 
I spoke with his cousins also since he had claimed he would marry me in front of them. However when his elder sister tried to speak with him and his elder brother they said that he will speak with her. Since 26 Dec he has gone to dubai. Later I came to know that he and his mom aren't planning to come back only. 
He owns me around 14 lacs personally and professionally. I have broken down completely as this is just beyond my belief. Fir almost a year and a half I have been emotionally and mentally tortured by him. He knows he could get away with this since I am a single mother's daughter. Please advise if something can be done.
Asked 2 years ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1) Regarding the money that he owes you Rs.14 lacs, you can file a recovery suit against him to get it back. You need to have proofs of the transaction like bank transfer, check payment or witnesses who were present or knew of the transactions.

2) First of all find out his whereabouts, gather information about his address in Dubai if possible. You can send him a legal notice to begin with asking him to return all the money that he has taken from you on different  occasions. 

3) If you know his email address or have contacts with him on social media send him a mail or message asking him to fulfill his promise to marry you immediately as you have waited long and already have undergone two painful abortions believing his promises.

4) If he fails to respond favourably you have the option to file a complaint of rape under promise to marry against him to get you justice.

5) As regards recovering the money that you have advanced him you will have to file a suit for recovery if he fails to return the money upon sending him a legal notice.

6) Engage a lawyer locally to assist you.  
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. You shall have to decide as to what do you want to do with this man. Do you still want to marry him?

2. It appears that you have surrendered to all his terms without application of your mind which has lead you to this situation,

3. You can collect all documents evidencing that he had assured you that he will marry you,

4. You already had two abortions for which get medical certificate now, if possible,

5. File a criminal case against him for having physical relationship with you with the promise of marriage which resulted in to your two abortions and is now refusing to marry you since you are not in a position to pay the amount of dowry he is asking,

6. The incidence will be considered as rape,

7. After teaching him a good lesson , you should look forward in your life afresh.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

If you have proofs of abortions and the details of abortions like names of both the spouses etc the medical bills and any other medical evidences, you may secure them.
If you proofs for the money transactions, you may secure them too.
After securing the evidences, you may firs lodge a complaint with the police  narrating entire details including having had sex with you on the false promise of marriage.
He can be booked for the offences of rape, (even consensual sex n the promise of marriage and not keeping up t promise may be termed as rape), breach of trust (section 406), cheating (section 417) section 4 of DP act for demanding money as dowry, section 506 for criminal intimidation and based on your other allegations, the police may register FIR against him and issue notice to his address.   
Take the help o a skilled lawyer, get your complaint neatly drafted covering all the offences he has done against you and lodge the complaint. 
He may escape the law now but he cannot escape the same for ever. 
He has to  return to India one day that time he can be nabbed. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

The promise to marry is not legally actionable unless there is some agreement between the parties. In India an agreement between two persons whereunder one agrees to marry the other is not legally enforceable. Unless you have specific evidence to prove that from inception he intended to dishonour his promise to marry you cannot criminally prosecute him. If you have documentary evidence which can prove the remittance of amount to him then you can file a suit for recovery of money against him.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

You can do more but eventually you have to look legal effect of your step. He is in Dubai... no process of the court will be served upon him. criminal case may be filed under various sections of law but it will remain pending until he returns back in India. 

So at this time you should forget the past and look forward. If you get any information about his returning in India immediately file case under extortion, criminal intimidation and debt act. You should collect all the evidence regarding payment of money, abortion, chat and conversation etc to prove your case.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer