Breach of promise to marry under threat
sail
(Querist) 15 March 2014
This query is : Resolved
hello sir/mam.
in case if
a guy promised to marry and had real intention to marry the girl from the initial stage of a relationship of 4 yrs with the girl. both were above 20 age and working. both had physical relationship many times in 4 yrs. during this 4 years the guy met all friends and parents of the girl. Girl met all friends and colleges of the guy (except his parents).
when they met they were working in bpo.
after the first 2 years both left the job.the guy pursued his PG studies.and the girl pursued her serious main career that is theaters and serials . after completing his studies the guy talked about the marriage in his home. but his parents had problem with the girls career. hence they gave the option , either she changes her work and marry and join the family OR she can keep her career ,marry and both can leave the home and live by yourself, since the guy can join a work now.
now while the guy was trying to convince his parents , the girl was getting impatience and feared that the guy may leave her for the family and both had fights on it and at the end the girl came to the guy’s place and shouted,fought, said wrong stuffs and lies in the locality to insult the guy and his parents. also she threatened on the phone and text and in front of the parents that she will commit suicide . she threatened this too that she will sue the whole family for rape.
the guy tried till last time to convince his family, but due to her gf’s behavior and temper, and threatens he is afraid to marry her now. fearing she can take revenge after marriage (using the legal terrorism of 498a).
please.suggest what should the guy do now or what he may face ?
Devajyoti Barman
(Expert) 15 March 2014
This is more a personal problem than a legal one.
Sort it out amicably.
Rajendra K Goyal
(Expert) 15 March 2014
Try to have amicable solution of the situation. Try to find out some acceptable path. Legal steps may ruin the life of both.
sail
(Querist) 16 March 2014
I understand what you are saying. Even i suggested to solve it outside court. But the girl is keen to sue the guy for the case of "breach of promise of marriage" and keeping physical relationship.
The guy never said in 4 yrs that he wont marry the girl.
But the girl is threatening to sue him for this.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
solve the problem amicably you are on the receiving end so no ego to be displayed.
V R SHROFF
(Expert) 16 March 2014
Both were satisfying their physical need for years!.amicably, without any threat or force.
Promise to marry had limitation of time; you cannot say after so many years!!
Boy can be harassed, but not punished.
Many girls use this tactics now a days to make money ON RECEIVING END, TO EARN. by threatening to suicide/ Rape case.
They never SUICIDE. They amicably settle by collecting money. SO IT IS BUSINESS.. IT IS MONEY , NOT HONEY , NOT LOVE.
" Girl met all friends and colleges of the guy (except his parents)" WHY?? .
SHE HAD TAKEN CALCULATED RISK.
Her complaint of Rape/ Suicide will fail.
ONLY MAN IS VICTIM BEFORE MARRIAGE, DURING MARRIAGE, AND AFTER MARRIAGE.
Man are easy prey, for women, who used women oriented laws to harass man..
So all Men, beware, before dealing with women of your age...
V R SHROFF
(Expert) 16 March 2014
Hindu law??
Hindu Religion never allowed Sex before marriage.. So it is SIN. & was condemned.. WHY ENCOURAGE IT??
Such girls were termed "CHARACTERLESS"
THE MOMENT MAN DISAGREE, IT IS RAPE, Otherwise it is sweet love!!
Guest
(Expert) 16 March 2014
The story seems to be hypotherical or a blackmailing event.
The question arises, what relation you have got with the guy and how you are concerned with the breach of
Further, when she threatened to make suicide and tried to balackmail the guy, why he did not report the matter to the police?
sail
(Querist) 16 March 2014
i am his friend, cant help him directly because she has said that anybody else interferes will be dragged in this case by her... Hence I am trying to get any legal suggestion I can for him.
the guy have lodged a diary in PS for suicide threats on call from girl. He has chat records and phone call records to prove the threats and abuses that she made to his parents. It also proves that the guy wanted to marry and was trying to get a solution for the marriage.
What I read in other cases and blogs is that, in case of breach of promise of marriage can be applicable if the guy was not intended to marry at all from the initial stage of relationship.
If he would had then why try to convince everyone for the marriage or ready to move out with her.
Its only after her Threat he is afraid to go for marriage now.
After what we heard about after marriage she can use harassment law and drag his parents too, for no reason.
Devajyoti Barman
(Expert) 16 March 2014
It is better avoid marrying her. Marriage under the barrel of gun is not a wise prospect.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
The girl who had patiently waited all the while for a nod from the guy as well as his family for the proposed marriage, lost her patience may be on apprehension about her unsecured future, this feeling would have arose due to her possessiveness on him. It was okay for the guy for all the four years, but what made him not o understand her real feeling suddenly?, It is he who made to her behave in the said strange way due to the outcome of his parents' decision on their marriage. There is still time for him reconcile the issue and go ahead with the proposed marriage with her not because of her threats but to save their so called love life. If she is opting for legal solution, your friend has taste the pangs of legal action.
sail
(Querist) 16 March 2014
But Sir. Neither the parents nor the guy ever said no to marriage.
The guy asked for time of 2-3 weeks so hat he can come to a final decision whether they can marry and stay with parents...or marry and live by themselves. I don't see any reason why the girl got unsecured about he future when the guy was ready to marry with her anyway.But instead of understanding the situation and trusting on the guy she fired back on the guy and his family.
Now the situation is , previously they were just sad that their son will move out after marriage.... but now they are terrified if they guy gets married to the girl , she will make his life hell. if before marriage she reacted with such anger and impatience and no trust.. She is going to suspect him for little things and can sue him and his family anytime. She has got this mentality now in her mind that the guy didn't wanted to marry and the family further stopped him to do so...which actually never happened in that way.
I want to know if she sues the guy, what does the guy can do in defense? and what can be good and bad consequences in that case for both the guy and the girl.?
Devajyoti Barman
(Expert) 16 March 2014
Since marriage is not performed, chances for bigger trouble is much less to the girl.
sail
(Querist) 16 March 2014
and for the guy.?
if he has proof that he had intentions to marry her till she started threatening and also...during this relationship, the girl exchanged some messages and chats with her ex-boyfreind through Facebook and Gtalk (printed proof available) .... which he discovered and still forgave the girl and continued with the relationship.
ajay sethi
(Expert) 17 March 2014
both had relation ship by mutual consent . if later boy changes his mind on account of girl aggressive nature and constant threats of committing suicide he cannot be forced to marry her .
2 days back bombay high court had delivered a judgement on similar issue . girl cried rape after boy an advocate backed out of marriage . court held that relation ship was by consent of parties . both were educated and knew the law . if later boy change his mind for marriage it does not amount to rape and boy was granted Anticipatory bail by HC
sail
(Querist) 17 March 2014
SO i got two pictures.
First::As Mr.Sudhir Sir said The boy will still be on receiving end. Understood.
But what are the maximum or minimum punishment he can get from Law.?? Could You please clear that out for me Sir?
Second:: As Mr Ajay Sir said that Chances are there that the guy may not get punished .Depending on the conditions and events of the Case in Bombay High Court , and what i said regarding this guy's case.
Guest
(Expert) 17 March 2014
Was the girl so idiot that she can go for sexual relations with several persons, had they individually promised her her for marriage?
Your friend should approach to police for help to save him from blackmailing tactics of girl.
Guest
(Expert) 17 March 2014
Your friend cannot be at receiving end if he has not promised her in writing for marriage or his statement is not recorded. He is not bound to marry her.
Devajyoti Barman
(Expert) 17 March 2014
query is dragged too long as author has no ending for his questions.
Stop this thread.
sail
(Querist) 17 March 2014
If i cant ask questions to expert...ten what is thee use of this discussion and website.
I am sorry, but i thought it was the best place to clear my queries from professionals and experts, rather then asking any amateur person.
if any one wants to help me and answer otherwise its ok..i cant force anyone to help me.
in the worst case scenario..... a case can be filed only on the guy.... and not on his family or friends. Am I right? if not then what?
T. Kalaiselvan, Advocate
(Expert) 17 March 2014
You cannot force anyone to reply to your query not only that you cannot expect anyone to reply in your favor too. First of all there are no legal issues in this so that your query can be addressed with proper answers. It is a combination of different opinions and suggestions by experiences experts and you should be happy that most of the experts have given appropriate opinion and suggestions to your query. If there can be a legal issue, you have to face it accordingly, then come outwith your actual problem, you will get proper opinion/answer for your problem.
Devajyoti Barman
(Expert) 17 March 2014
I refuse to answer any queries of this author anymore who is misusing this platform by raising endless queries on the same topic.
ajay sethi
(Expert) 17 March 2014
query is resolved .
sail
(Querist) 18 March 2014
Thank You Everybody.
V R SHROFF
(Expert) 18 March 2014
SEEMS DOUBLE CROSSING...
BEWARE OF ..
unluckily we have no identity of Querist...
A husband becomes wife, to ask Query, to know what he has to face, it was observed in past.; o we started " anonymous Will not be replied"
but we never know, Querist is a Guy , or Girl !! we cannot, unless we smell the replies &query..
This Q seems to be of that type...
not his personal problem !!
ajay sethi
(Expert) 18 March 2014
thanks for your appreciation
