Hi I was in a live-in-relationship with a girl for a year and we both promised each other that will marry. However after some period of time I came to know that she had multiple affairs outside and still I continued staying with her as she alway threatened to do suicide and did attempt it twice,
Now after looking at the girls behaviour I decided not to marry her and stay away from her and in reply to this she has filed a 376 case against me
This false commitment of marriage,
After this me and my parents decided to marry her as she is filing a case of 376.
So we asked her to get her parents for marriage, she refused and said "I'm not under age to get parents.
Please suggest on this
Asked 2 years ago in Criminal Law from Pune, Maharashtra
She is right as after having attained the age of marriage she does not require the consent of her parents to marry. In so far as the 376 case is concerned it has to be either contested on merits by you to prove your innocence or compromised out of court.
1) you cannot be forced to marry against your wishes
2) it was a consensual relationship
3) breach of promise to marry amounts to cheating
4) no case of rape is made out
if you have evidence to show that you have been living as husband and wife in live in relation then sexual intercourse between you does not constitute offence of rape because it was consensual sex. if you want to marry with another girl you should prefer to get divorce because it will protect you from future litigation and you can successfully prove by your conduct that you treated this relation as pious.
it is held by the supreme cort in Indra Sarma vs V.K.V.Sarma 2013 that live-in-relationship is purely an arrangement between the parties unlike, a legal marriage but live in a relationship in the nature of marriage and the party asserting the existence of the relationship shall be treated as husband and wife.
If she is not cooperating for the ceremonies be followed for solemnising the marriage as per the rituals and customs as desired by your parents, you may give her a letter in writing stating that since she is not willing to get married the proposal for the marriage is dropped.
Let she go to police, you obtain anticipatory bail on the basis of this evidence i.e., the letter written to her and sent by registered post, challenge her case properly because the consensual sex shall not fall within the definition of rape.