Relation with Ex-boyfriend after marriage Relation with Ex-boyfriend after marriage

2 years ago

Can I take any legal action against my ex, who first gave me a false commitment of marriage had sex with me, after that his parent’s forced him to marry someone from his community, still he was in touch with me, again gave false commitment that he will leave his wife and still use to have physical relation with me, even took me to his home when no one was there, and now has blocked me and when I tried to reach his wife, he is still playing victim card that I used to blackmail him to meet me and now he is back with his wife stating that he will never see me again

Sidhaarth

Responded 2 years ago

A.No. As per law, if two major persons of different sex voluntarily have sex then such act does not fall within the category of rape. You were not child when you and your boyfriend were voluntarily enjoying sex. In a similar case as of you the court has made this obersvation. So as such not case is made. Forget the past and look forward.
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Anik

Responded 2 years ago

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A.Hello Ma'am
Any sexual act on the pretext of a false promise of marriage would be considered as an absence of consent and therefore constitute as rape within Section 375.
In Deelip Singh v. State of Bihar (2004), the Supreme Court held that consent taken from the prosecutrix would vitiate if it was obtained on the pretext of a false promise of marriage by the accused. The court further observed that there was no consent or the consent obtained was involuntary in the instant case. It was a case of sexual intercourse against the will of the victim that would fall under the ambit of description “secondly” of Section 375 IPC.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Ma'am
You could file a complaint against your ex for having sex on false promise of marriage and cheating. But it would be suggested to instead of filing complaint you must avoid talking to your ex as he is married and further having relationship with him.
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Lucem Leg

Responded 2 years ago

A.Dear Mam,

You can take action against your ex on the pretext of false promise of marriage. You can file the complaint before the concerned police station where the offence was committed or where you reside. But for that you must have to prove it. Once the FIR is filed based on the facts you have stated, he can be arrested by the police officer.

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