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Complaint by gf against bf for promise to marry
21-Mar-2023 (In Criminal Law)
My friend was having relationship with a girl...they were physical once with her consent...he even wanted to marry her...but parents from both side did not agree...so he told her that he cant marry her by ignoring parents...so now she is threatining him to lodge a fir against him that he used her...by promising to marry...he is going into depression now..plz advice...hw can he get out of this...
Why to be worried dame bother the law is in your favour let her establish her version because this has happened in past since time immemorial and is happening till now which is merely either On this pretext or on other but always output is zero nothing else dear.
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Adv. Rakesh Kumar Mankotia
Jawali | 25+ Answers
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Dear client,
Responding to your question as follow:-
There is provision related to the said matter in IPC under section 375. One can be held guilty of rape if he takes consent by giving false promise of marriage. However this has been now interpreted by the Supreme Court of India, stating that once girl comes into a relationship and they had physical relationship, later relationships doesn’t come to marriage. In such case girl has given consent at her own as she was in love and emotional feelings with her partner, she has not given her consent under any promise or under any influence. Hence it’s need to be determined. Moreover SC said her partner can not be held liable for rape in such case.
For further clarification contact me.
Thanks,
Ajit singh thakur Advocate
Responding to your question as follow:-
There is provision related to the said matter in IPC under section 375. One can be held guilty of rape if he takes consent by giving false promise of marriage. However this has been now interpreted by the Supreme Court of India, stating that once girl comes into a relationship and they had physical relationship, later relationships doesn’t come to marriage. In such case girl has given consent at her own as she was in love and emotional feelings with her partner, she has not given her consent under any promise or under any influence. Hence it’s need to be determined. Moreover SC said her partner can not be held liable for rape in such case.
For further clarification contact me.
Thanks,
Ajit singh thakur Advocate
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Adv. Ajit Singh Thakur
Delhi | 25+ Answers
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He is automatically out of it... I don't see any criminal proviso attracted, she is just threatening your friend, there is not much she can do.... Other than threats.... Still i ll request you to elaborate the event time period and details, as how much time has passed by that incident.
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Adv. Servedaman Rathore
Shimla | 25+ Answers
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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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