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Fraud and cheat by boy friend Fraud and cheat by boy friend

2 weeks ago

I was in relationship with my boy friend.He promised me of marriage and we had a physical relationship.our relationship was good. Later we said our family about our love and they agreed and our family meet and they wer ok.but now since 15days he is not ready to marry me as he is saying his family is not ready for our marry and they don't want ..now he is not even talking to me as of I texted him many times.his brother called my mom and said it's just a mistake and forget it as she will get other good partner

Anik

Responded 1 week ago

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A.Dear Client,

In cases where a person engages in a sexual relationship with a woman based on false promises of marriage, they can be charged under Sections 90 and 375 of the Indian Penal Code. Section 375 defines rape, while Section 90 addresses consent obtained through fear or misinformation. The Supreme Court, in the case of State of Uttar Pradesh v. Naushad, 2013, ruled that obtaining consent under the false belief of marriage constitutes a violation of both sections. Before taking legal action, it's crucial to consult with a criminal law expert to ensure the matter is handled correctly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Section 90 and Section 375 of the Indian Penal Code is what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Section 375 of IPC defines Rape and Section 90 IPC talks about Consent when obtained using fear or misinformation. Consent given by a victim based on a false assumption would be a violation of Section 375 IPC and Section 90 IPC, respectively. The Supreme Court in the case of State of Uttar Pradesh v. Naushad, 2013 held that the defendant also obtained her consent under Section 90 of the IPC under the erroneous belief that he could marry her. In view of the averments of the Courts and the given proposition of the relevant law, you need to consult with an Advocate experienced in criminal cases before lodging an FIR or filing a criminal suit against the concerned person to navigate the matter in the right way.
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