• Legal advice on emotional trauma

I am in a relationship with a guy for 2 years now. We had an abortion in January 2014 and on July I had a miscarriage..it was  ectopic where my right fallopian tube was taken out.. I'm still in the trauma of what happen I could not even dealt with it yet...I'm depress and I could not accept the harsh reality of what happen.. We are not married and that add up to my woes.. Now instead of being there for me he wants to break up.. He treated it like its normal procedure in a relationship because it doesn't effect him in any way.I want to know if I can sue him I want his family to know I want his friends to know.. For him money is everything I want to sue him for the trauma he cause me and hopefully bankrupt him.. I want him to realize at least a bit of the emotional stage he put me through.. please help
Asked 2 years ago in Family Law from delhi, Delhi
Religion: Christian
Yes you can sue him for making you aborted forcefully and for breaking relationship as cheating and get a direction to ask him to marry you.there is a wrong on your side without marriage you shouldn't have gone into such relations and you should have use safety measures
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Client,
You are advised to approach your Station House Officer through your written representation stating about all the facts and circumstances. The Station House officer call him and will conduct counselling. You demand for marriage, if he refuse a cheating case and other related cases for his offences against you shall be registered . If possible find any Women Organisation to help you in your crisis to get justice.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. You cannot sue a person for calling off the relationship with you. No law commands that a relationship, after coming into inception, should continue forever. You had sex with him out of your own free will. Your statement of facts does not anywhere mention that you were forced to abort. 

2. Did you live with your boyfriend for 2 years? If yes, you can sue him for financial support as a long live partakes the character of marriage. If there was no live in then you have no legal remedy available to you. 

3. Did he promise to marry you? If yes, why has he backed out now? Only and only if he made a false promise of marriage to you the legal remedy of filing a case for rape accrues to you.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) you are educated and you ought to have refused to have sex before marriage  with your boy friend  . 

2) it was consensual sex and today if your boy friend refuses to marry you then you cannot take any action against him . 

3) SC has held that failed consensual relationship between adults  does not amount to rape
Ajay Sethi
Advocate, Mumbai
23210 Answers
1218 Consultations
5.0 on 5.0
Hi,  you have to lodge a police complaint that he has cheated you and he promise to marry you and then  only you have given consent for the sex and now he is refusing to marry you.............You had given consent for sex that he will marry you or other wise you will not venture for this type of  relationship and it amounts to rape it is my opinion lodge police complaint first.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You have not mentioned whether he had promised you marriage or not for which you agreed for his proposal to have s*x,

2. If you had consentual s*x with your BF, then you have no reason to agitate for your physical problem derived from both of your s*xual act,

3. You two had no legally acceptable relationship. If he now wants to break up, he is free to do that legally though civilised world expects him to be by your side during your present traumatised days,

4. Unless it is a fact that you agreed to have s*x with him with the promise of future marrisge which he is denying now, you have no valid legal ground to agitate for.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
you only have remedy to charge him for rape as you have consented for sex only his promise of marriage. rest no other legal remedy is available on your part
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
It was consensual sex and  if your boy friend refuses to marry  then you cannot take any action against him . 
SC has held that failed consensual relationship between adults  does not amount to rape.So, you can not charge him for rape.However, in case you had live-in relationship for two years, then you can file case under DV Act for sexual abuse and claim compensation from him.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
if there is only live-in-relationship then you may only file a case for maintenance. but if there is any promise of marriage and he is not ready now then you may file a criminal complaint against him under section 376/493 of IPC for rape and false promise of marriage.
if you will go for any case as forceful abortion then you will also be prosecuted if there is your consent too for this abortion. if there is no consent from your side then you may file a criminal case under section 312/313 of IPC against him before criminal court.
You may also file a case under domestic violence act and claim, maintenance, residence, medical facility & compensation for domestic violence.
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
Dear Client, 

You cannot charge the person of rape because there judgement of  Supreme Court Judgement wherein the Court has observed  if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.
Thus, you can file a case  under Domestic Violence act, Section 420  and further  file a case for maintenance.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1.You have limited remedies under domestic violence act. 

2. you can file criminal case and prosecute him under section 354, 420 IPC.

3. The Supreme Court on held that if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.

4. above principle does apply in the case where the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, his act falls within the ambit of cheating or deception.

5. you can't prosecute him for the offence of rape.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1. yes, u can sue him in court for causing emotional trauma and mental torture to you and can claim huge damages amount from him.

2. in live-in relationship the chances of legal actions are very remote.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0

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