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Legal remedies if boy backs off from marriage commitment
15-Sep-2023 (In Family Law)
I am in a relationship with my boyfriend for last 7years. recently our parents have talked to each other regarding our marriage and i have been told soon they will going to visit us for final talk. but all of a sudden the boy back off from all these and now he is saying my family is searching other brides. Although he is very close to my family and i also frequently get in touch his father over phone. Due to some of thier family situation he is calling off the marriage. i feel cheated for such a long years i have given to this relationship. also i want to share he stays in a different city and i leave and i do visit him frequently because i can't stay away from. Now my condition is so bad that i cannot able to concentrate on my work neither my health. my family is also getting affected. please help me. this is last thing i can do?
Convince him and through your parents or else lodge an FIR for outraging of womans modesty and trap him. That is the legal process, as you both are adults complaint of rape wont stand and hence it will go against you.
Helpful?
10+
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Please understand that you can force the person to marry you by threatening him of legal dire consequences but do that but do that provide you a 'conjugal life'! Under the law you cannot even compel him to marry but to teach him a lesson you can definitely lodge a cheating case against him IF there has been any physical intimacy occurred out of promise to marry!!
Supreme Court in Deepak Gulati vs. the State Of Haryana decided the matter on whether the accused made a faulty promise to marry or not? It was held that having consensual sexual intercourse with a woman, with the will of marrying her, cannot be regarded as the commission of rape by that man, even if they do not marry afterward.
The court while analysing definition of consent in section 90 IPC was satisfied that the consent which had been obtained by the accused was not a voluntary and was given by her under a misconception of fact that the accused would marry her. The Court said that the man was guilty of causing a breach of trust by not ultimately marrying her.
Supreme Court in Deepak Gulati vs. the State Of Haryana decided the matter on whether the accused made a faulty promise to marry or not? It was held that having consensual sexual intercourse with a woman, with the will of marrying her, cannot be regarded as the commission of rape by that man, even if they do not marry afterward.
The court while analysing definition of consent in section 90 IPC was satisfied that the consent which had been obtained by the accused was not a voluntary and was given by her under a misconception of fact that the accused would marry her. The Court said that the man was guilty of causing a breach of trust by not ultimately marrying her.
Helpful?
19+
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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