False promise to marry by girl cheated after one and half year

911 votes

See first of all you will have to prove by giving sufficient evidence that she made a promise to marry you and later on resiled without proper justification. You can do so by showing some chats wherein she has agreed to marry you. Also, you can call witnesses to the Court to prove the same. However, let me tell you that possibility of succeeding in such cases are perhaps less. There are two remedies available to you one under civil law and another under criminal law. Under civil law you can go for suit for damages for defamation. However, to my understanding it is not even a defamation. You can also file a suit for compensation on false promise to marry. Under criminal law you can go for cheating and few other remedies which I can tell you only after doing a detailed research and after knowing the complete facts of the case. If you have sufficient money then you may pursue it else don't waste your money. Chances to succeed in such cases are very low but if are determined for the same then you can pursue it deligenty. At least court will listen and do something best for you. Best

Advocate Amresh Anand LawRato

742 votes

Hello,

The girl cant be liable for cheating on the mere fact that she does not want to marry you. However there are other ways so that you can amicable settle this.

NOTE: Please don’t try to defame or blackmail her on the pretext of personal videos and pictures. This can lead you in Jail.

Regards

Advocate Abhishek Yadav LawRato

743 votes

In your circumstances, you can avail some legal recourses detailed below:
1. Suing for not fulfilling her promise to marry you:
You will need to prove, via evidence, the following:
That she promised to marry you in the past
That you made some changes to your life, or acted based on that promise
That it led to some monetary loss

If all these conditions are fulfilled, there might be a chance for you to sue her for "breach of promise to marry".
Please note that it has been seen that Courts award only damages (compensation) in such cases, and does not order the parties to marry each other. Moreover, the success of these cases has only been seen in cases where parties were engaged to each other, and after that one of them refused to go ahead with the marriage.

2. You can file a case under section 415 of the Indian Penal Code, for "cheating", on the grounds she cheated you into having a relationship with her and spending money on her, and is now not ready to marry you.
An explanation of the section (as applicable in your case) are as follows:
415. Cheating.— When a person, fraudulently or dishonestly induces another person to do something which he would not do otherwise, and such an act causes or is likely to cause damage or harm to that person in body, mind, reputation or property.
However, we must warn you that the success rate of such cases is quite low, especially if an actual engagement ceremony has not yet taken place. This is because you have to prove that what you did based on her promise to marry, caused damage to your mind and reputation. This is not an easy task. There is a high risk of her lying to the court, especially if your evidence is not strong enough. Though lying to the court under oath is a crime, it is possible. Moreover, it is quite difficult to prove the existence of such a promise, especially if there was nothing written, as you have mentioned, you have phone conversations etc., however these conversations would have to signify the promise of marriage. It is also difficult to successfully prove the disturbance of mind to the court. But if you can manage it, you might be successful.

If the girl is found guilty of Cheating, then the court will only be able to order with imprisonment of either description for a term which may extend to one year, or with fine, or with both. There is no guarantee of you getting a compensation for the ordeal.

These remedies can only be examined in detail once the documents have been seen. Do also keep in mind Section 415 of the IPC is a criminal offence, so this will be a criminal case against her.

Advocate Anuj Nair LawRato