Complaint against person for breach of contract of marriage.

A boy cheated to my freind and make physical relation with also he was make promise for marriage after some he refused his promise n broked his relation with my freind and he does not want to marry her Is she can take step aginst him after some year she have proof of his relations n message and have pictures also actually still she is not able to take action against him because she is dependent his parents n also studying is she can take action after some year

Answers (4)

263 votes

It depends how strong is bound between the two. It seems that your friends not friend have cheated her and moved away from her. A complaint of sexual exploitation on pretext of marriage can be filed any time. But then social impacts on suchlitigation process need to be taken care off by your friend.
To summarize your friend can file a complaint any time at her will against her boy friend.

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53 votes

Yes. She can take action against said boy and for that purpose first of all she has to file her complaint to the concerned police station stating all the fact with all proofs in support of her complaint. It is advisable here that before filing such complaint, it would be better to consult the matter in detail with a legal professional to get prepared her complaint with the advocate.

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191 votes

What I understand of your query is that,

Part 1. The proposed accused boy had sexual relationship with your friend. At some point of time he had promised to marry her. He later broke-up / ended the relationship, thus backing away from the promise of marriage.

Answer to Part 1 of the query as I have rephrased and understood it.-

i) So long as both the boy and the girl were consenting adults, there doesnot appear to be any offence committed so far as them being in a sexual relationship is concerned.

ii) His promise to marry her whether out of genuine love or for the sole purpose of having a sexual relationship with her would be of no consequence in case of consenting adults, because, such an act doesnot constitute an offence under S.375 of Indian Penal Code.

iii) If however, either one of them is a minor, then the adult in the relationship has committed an offence under Protection of Children from Sexual Offences Act, 2012.

The consent of the minor in such a case would be inconsequential.

Part 2. Whether she can take action / register an FIR after a few years from the time of the incident?

The reason for her not registering the FIR bring -

i) She is dependent on 'HIS' parents, i.e. parents of the proposed accused.

ii) She is studying.

Answer to Part 2 of the query as I have rephrased and understood it.-

i) In case an offence has been committed as described in clause iii of my answer to Part 1 of the query. It is advised that the incident be reported to the police immediately as an offence under the Protection of Children from Sexual Offences Act, 2012 is very serious.

ii) For the police to conduct proper investigation and the law to take proper course it is essential that the crime should be reported without any delay.

iii) The reasons stated in the query as I have understood it, in my opinion are not sufficient to justify any delay in registering an FIR, if an offence under Protection of Children from Sexual Offences Act, 2012.

150 votes

The girl can sue the boy for breach of promise to marriage in a civil court...
The court can, if promise is proved, award damages to girl for breach of contract.
The court will never order the boy to marry her in that case.

Thank you!!

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