False marriage promise : Legal Assistance Needed : Comment.

My bf wasted my 10yrs in relationship gave me false marriage promise and used me physically against my consent which leads me to depression and now he is denying to marry me after wasting so many my years , he says supreme court gives permission to have sex with any girl by giving marriage promise and later he can deny for making any excuses and prove it its consenusal relation. But my intention was only for marriage not physical.

He kept relation to satisfy his lust and now he shown true color when his family is searching girl for him for marriage.

What is the first step i take plz advice he can get punish by law or make him marry me ? 

Tips  by Team indianlegalsolution.com : Ignore Language Problem and give advise in two parts, Remedy : one for this girl in simple language and other part describing the legal terms in the light of recent S.C judgement.

10 thoughts on “False marriage promise : Legal Assistance Needed : Comment.

  1. You can’t force a guy to marry you . You were in a relationship with him from the last 10 Years and just because he isn’t marrying you dosen’t mean that you can force him to do so in the light of law . But if he has made a false promise and exploited you for soo many years

    U can file a case in the court biding charges of harrasment and exploitation but the charges which you want to put against him needs to be true and should be proven or else there is a law made ,by which a person who makes false acquisition of another person can also be punished .

  2. 1. As you have wasted your 10 years in this relationship and has been physically used for this period on a false promise of being married to your boyfriend, you can surely sue him for cheating under 420 of the Indian Penal code.
    Every year, several women filing rape complaints after the men they consented to have sex with them on their promise to marry them. In fact, a Crime Investigation Department report released in November 2013 listed “sex after a false promise of marriage” as the leading category within registered rape cases in Maharashtra.
    There is no clause or provision in the Indian Penal Code that specifically labels the breach of a marriage promise as rape. Section 90, while defining “consent” in general, states that if consent is given “under a misconception of fact” and if the perpetrator is aware of this, then it cannot be deemed as consent. Courts across the country often use this section of the Indian Penal Code to interpret cases of rape and breach of promise. Courts also tend to invoke Section 375 (4), according to which a man is said to commit rape on a woman if he “knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married”.
    2.Now talking about the Sc judgement it is clear that Sc has used the term consent under section 90 and interpreted it accordingly.
    The judgement totaly depends upon the circumstances of the case and is a matter of facts and not a landmark judgement as the circumstances and facts differ from case to case.
    The judgement of SC, In Uday Vs State of Karnatka that the Apex court decided that “a false promise is not a fact within the meaning of the Indian Penal Code” and hence a false promise to marry cannot fall under misconception of fact and that the consent given by the woman to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of factbut they added that there is no strait jacket formula for determining whether consent given by the woman to sexual intercourse is voluntary, or whether it is given under a misconception of fact and that the courts needs to look at surrounding circumstances and weigh the evidence keeping in view the fact that the burden is on the prosecution to prove each and every ingredient of the offence, absence of consent being one of them.
    it also cites the Calcutta High Court in Krishna Padho Mahto v. State of West Bengal and in Shamshad Ali v. State, where it was found that consent was given understanding the nature and consequence of sexual intercourse, and accordingly, charges of rape were negatived.
    It was furthe In Dileep Singh Vs State of Bihar a two judge bench of the Supreme Court sought to undo the decision in Uday’s case and ruled that consent obtained by false promise is vitiated by Section 90 and hence, sexual intercourse, with consent thus obtained, is rape. In this Case, the lower court found the prosecutrix to be minor at the time of sexual intercourse and accordingly, convicted the appellant for rape under Section 376 of IPC.

  3. He should get punished because if he don’t want to marry you and if you force him you Will never be happy. And there is no such permission given by court as your boyfriend said, he used you physically without your consent thats rape, and because of his fake promise and his did your in depression.So approach to the court as things are in your favour. And take decision keeping in mind about your happiness and peace.

  4. The norms in the failure of love affairs, say that if the victim submits to the lust of the accused under the misconception of the fact that he would marry her, then the sexual intercourse in not consensual. Even though your intention was just marriage you can’t accuse him of rape.

    Every breach of promise to marry cannot amount to rape. Also, you indulged in the relationship willingly. Although you can charge him for cheating under section 420 of IPC and prove that you suffered emotional distress. You will have to prove that the guy caused you to suffer some kind of emotional harm.

  5. You first tell him to get married if he refuses to do so then tell him that you will file case against him on the besis that you were ready just to get married and not for physical relation. So tell him that you will fill case of rape andcriminal breach of trust against him.
    And also tell him that supreme Court doesn’t punish those who had physical relationship with consent of both sides but punishes those who had physical relationship without consent of one person among two people i.e.forced physical relation.
    You can file case against him under section 375 of IPC i.e.rape cause he had physical relation without your consent. And also you can file case against him under section 405 i.e. criminal breach of trust for false promise and breach of trust.

  6. Remedy for this case of False Promise Of Marriage is : 1. That she can file a case on behalf of cheating,rape if it is not proved to be consensual and also claim palimony under Domestic Violence Act,2005.
    Legal Aspect: 1.Under recent SC judgement,2013 in case of Indira Sarma Case it declare as Cheating Under Section 420 of IPC as False Promise of Marriage.
    2. Rape under Section 375 of IPC if relationship is not consensual.
    3.Claim Palimony if they act as spouse among Society.
    -or they have legal age of marriage,
    -or they cohabitate for long time period.
    (This conditions given under D.Velusamy v. D.Patchaiammal Case)
    4.In case of Badri Prasad V. Deputy Director of Consolidation and In recent Judgement of SC,2015 held that The live in relationship may be immoral, but not illegal. The judiciary has accorded legality to the concept of live in relationship and has protected the rights of the parties and the children of live in couples which makes it unnecessary to formulate a law to clarify the concept so urgently. There is no law which makes a live in relationship illegal.

  7. And for filing case for rape –
    yes consesual sex is not punishable, but under Section 114A of the Indian Evidence Act to presume that the victim has not given her consent if she deposes that she did not give consent and Section 90 of IPC constitutes consent obtained under a misconception of fact to be invalid.
    And you can also file a case of cheating against the boy under sec 415 of the IPC.

  8. Firstly if we consider consent, the girls consent was given on the basis of a misconception of a fact that he will marry her. But the fact that 10 years is a considerably long period to understand the intentions of a person. This could be countered on her part if she deposes that she did not give consent and the courts are bound to believe so under Sec 114A of the Evidence act.

    He could be heald liable for cheating under 417 of the IPC.

    In the case of State of UP v Naushad, the SC imposed life imprisonment on a man having sexual relationship with a woman for 2 years who promised he would marry her. Basis Sec 90, IPC the court was satisfied that the consent was not voluntary and based on misconception of a fact.

    The same principle could be applied here and the man would be guilty of breach of trust. And may be held liable for cheating.

  9. For a promise to be termed ‘false’ in legal parlance it has to be proved that the promisor had no intention to honour the promise from inception. The girl had sex with the boy with her free consent. Boy’s subsequent refusal to marry her does not render the false promise.
    However, the girl can also file a case of cheating against the boy under section 420 of IPC.
    India’s stringent rape laws bind courts under Section 114A of the Indian Evidence Act to presume that the victim has not given her consent and it was obtained under a misconception of fact and so it was invalid.
    For instance, the norms in the failure of love affairs, say that if the victim submits to the lust of the accused under the misconception of the fact that he wanted to marry her, then sexual intercourse is not consensual.

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