Love cheating case by boyfriend
2 years ago
My bf utilized me physically in the name of love and pretext of mrge and cheated me by flirting with some other girl. Now he broke up with me. When I told I will complaint, he told he will marry me but he will not stay with me after the mrge. Also he hav two elder bros. So he s saying he won't marry me until unless there bros r getting married and also he s saying I shud not contact him till his bros r getting married. I felt he agreed for mrge just to shut my mouth for time being. So I contacted his elder brother to convince him for register mrge... His entire family hav agreed for register mrge but my boyfrd s not agreeing for reg mrge as he s not interested to marry me. He told after his bros getting married only he will marry me... After few days my family contacted my bf regarding d mrge( my family doesn't know Dat we had physical relationship) .. My bf is saying he s not interested to marry me. And he will just marry me as we r threatening him. And he told after mrge he won't stay with me. I feel so much depressed for his cheating and utilizing me physically. Can I go legally for dis. Will the court accept it as a legal case?? Will I able to win in dis!? . I hav enuf proof of pictures calls chats etc. If he don't marry me, is dere any punishment for him for cheating me like dis??
You can file a rape case against him. Court will consider the facts of your case and come to a conclusion accordingly. The Delhi High Court has clarified in a judgement that "sex on the promise of marriage" cannot be considered rape in all situations. An SC bench of justices Dhananjaya Y Chandrachud and MR Shah elucidated the legal position while exonerating a 30-year-old man of the rape charge under Section 376 of the Indian Penal Code. Citing a 2019 judgment of the top court, the bench said that to establish that the consent of a woman for a physical relationship was obtained by fraud and misconception of fact through a false promise of marriage, it was necessary to show that the man gave the promise in bad faith and never had any intention of marrying his girlfriend.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can move legally but the legal position on ‘sexual intercourse on false promise of marriage is not very clear in India. Recently, Supreme court observed that a charge of rape is not applicable in every case where a man does not marry his girlfriend after a promise. It varies from case to case. You can move legally and court will render judgement considering the facts of your case.
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A.Dear Madam,
You may immediately threaten to file rape case against him then he may come down and agree for marriage. Please read the following section.
Section 375 in The Indian Penal Code
375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
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