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Q. Is under pretext of marriage having sex an offence?

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Anonymous

posted 1 year ago

Q.Is under pretext of marriage having sex an offence?
I live in kolkata. I have a physical relationship with a girl with each other consent for two year and we both are above 21. At the time of beginning of the relation we both promise to marry each other but now the relation is about to end anyway. can she filed rape case against me?? she always threaten me due to her false doubt and allegation..please help me ..Thank you

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Abhishek Srivastava

Experience: 2 Year(s)

Responded 9 months ago

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A. ) Dear Client,
it depends, she can create trouble for you if she feels that you deceived her (as you promised her for marriage) so it would advisable to consult this with lawyer you can find lawyer with the help of vidhikarya.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 1 year ago

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A. ) Rape related laws are getting stringent by the day. Be aware.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 1 year ago

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A. ) Dear Client,
Having sex in the pretext of marriage(pre marital sex) is a crime.
If the girl complains there is every possibility that you might land up in trouble.
Shanti Ranjan Behera,
Advocate

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 year ago

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A. ) Dear Sir
In many cases Supreme Court said it is not offense. Any way you must be careful because police can register any case

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 1 year ago

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A. ) Dear sir yes she can file case against u . Be careful.

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Adv Avdhesh Chaudhary

Experience: 16 Year(s)

Responded 1 year ago

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A. ) Answer is yes. Because in such cases it is presumed that the consent for relationships was not free consent but it was taken by false promise of marriage thus it was obtained by fraud. So it falls in category of rape. So u have to be very careful and prepare ur ur defence before she actually take steps. For more brief u may call me in case of need

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 year ago

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A. ) Dear client be careful.she can make police complaint against you u/s 376 of IPC. Prepare for any legal action.kindly go through any experienced criminal court lawyer for any legal situation.

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Vishwabandhu

Experience: 38 Year(s)

Responded 1 year ago

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A. ) Dear client she can file an FIR against u for rape under sec 376 ipc

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 year ago

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A. ) This has been used many a times as a mechanism to harass the boy by the girl as there is a law under which a girl can raise a complaint of rape when sex is done under the pretext of marriage. Good news is that recently the Supreme Court has said that these kind of case should not be treated as rape. But this SC precedent will be raised in court when she files an FIR and that results in a court case. So till the time it goes to court and finally gets dismissed there is possibility of harassment at the hand of the girl, so, you need to be careful.

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