The girl can file Cheating and Dishonest Intention case under Sections 420, 406 IPC apart from Nirbhaya Case. The case related to rape will defend on the evidence available with regard to consent of the girl.
Boy cancel marriage after engagement
Dear Sirs, Please inform what are the legal complications if the Boy's side cancels the marriage after the Engagement. The marriage date has not been fixed yet, discussion has going on. Boy finds that the nature of the Girl does not match his, boy wants a house wife and girl wants to study further and want to do a Job. This study and job related matters has already been discussed before engagement with girls parents that we want a housewife. So now he may not be able to continue the relations forward, boy and girl had sex few time during this six months with permission of both of them. No engagement has taken place. Only rupiyo nariyel ceremony & no gifts received by Girl side. Boy also finds that girl was keeping relations with his ex BF after engagement, she continues to chat with him and call him after engagement. Please inform what action the Girl side can take & its legal implications if some one breaks this relation before marriage after rupiyo nariyel. As the sexual relation was there for few time with girls consent, can girl side file a rape case under any of this section 375, 376, 376A, 3768, 376C and 376D, or any other secions?
Asked 7 years ago in Family Law
Religion: Hindu
8 Answers
It would be girl case that her consent for sex was not free or unequivocal . That she had sex with you under pretext of marriage
2) she may file rape case against you under section 376 of IPC
3) if girl files rape case apply for anticipatory bail
4) it would be your defence that it was consensual sex
1. Either party is free to cancel the marriage after engagement as latter does not bind either of them to enter into matrimony. All the gifts which are exchanged at the time of engagement should be returned if the marriage is cancelled.
2. Consensual sex between boy and girl before engagement is not a crime.
3. The girl may file a case of rape and cheating against the boy, which is the normal practice in such cases, in which event the boy should apply for and obtain anticipatory bail and then seek the quashing of the FIR.
Thank you, all of you sirs. So even if girl had an affair after engagement, the case will be against the boy side as he cancelled the merriage. Boy can't do anything in this case, as he had sex with her. And also regards to "consent of the girl" or "consensual sex", girl can say that he was ready to merry with me thats why I have allowed to have sex. So this case also against boy side. But what if girl side cancels the merriage? If girl cancels the merriage than any case she can file. IF case is filed what are the IPCs that can be filed.
Asked 7 years ago
There is no legal infirmity in canceling the marriage after betrothal.
She may not be able to file rape case but she can file a cheating case under section 417 IPC for having consensual sex in the pretext of promise to marriage.
However even that has to be proved if the boy denies it in the court.
So even if girl had an affair after engagement, the case will be against the boy side as he cancelled the merriage.
Boy can't do anything in this case, as he had sex with her.
The boy can very well challenge her false statements before court during trial.
And also regards to "consent of the girl" or "consensual sex", girl can say that he was ready to merry with me thats why I have allowed to have sex.
So this case also against boy side.
Yes she can make a complaint that way.
But what if girl side cancels the merriage?
If girl cancels the merriage than any case she can file.
IF case is filed what are the IPCs that can be filed.
The boy can file a defamation case under section 500 IPC
consent was sex was given under pretext of marriage , if husband refuses to marry grl can file rape case
2) if girl cancels the marriage boy can sue girl for damages
If girl canceled the marriage Sections 420, 406 IPC will be applicable.
Legally there can be no case against the boy, but false cases get registered on the basis of false complaints. The boy should apply for anticipatory bail if the FIR is filed against him.