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Boyfriend promised to marry. Now not agreeing to marry. Is it rape?


02-Apr-2023 (In Criminal Law)

I was in a relationship with a boy. We were sexually active. He has promised to marry me. But later on another girl entered his life and he made her pregnant.

I asked him to choose and he said he wants to marry the other girl. Can I file a rape case against him?

Answers (1)

Answer #1
398 votes

Do you have any documentary evidence that your boyfriend promised to marry you and on basis of said promise you have sexual relations with him, any emails, sms given by your boyfriend.

If so file suit for damages against your boyfriend.

The Bombay High Court has ruled that sexual relationship with a woman on a false promise of marriage does not amount to rape

“Every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy.

When a grown up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfill his promise.

He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex.”

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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