Breach of promise to marry
S
(Querist) 23 April 2012
This query is : Resolved
Hi... I reside at Mumbai.i am 25 years old. there is one guy(Good friend of mine) in my life he is 27 years old. My family has approached him for marriage 02 & half year back. he said yes..we have matched our horoscope.. he then we started dating...he is not from my community...but my family is ok with that n from his side no one is there who will take objection for inter caste marriage... he promise me & my family that we will get marry in 2011... but after that he started giving bullshit & crap excuse to me... i have given my 100% for this relation... now he is asking for a break up & he dont feel like marring me... & i am not convinced for them same... why should i leave him when der is no mistake of mine?.... now he is telling me that he will might get better girl than me in his community & he don't want to marry me...(i asked him that then why d hell you are dating me or why the hell you promised my family several times that he will marry me? n he has no asnwer for this Q) he should have think about his community & all things before...now he cant turned back...In my family & relative everyone know that both of us are going to get marry ....what do i do... i want to su him if he wiling to ditch me...please help me out... i need your guidance
mahendrakumar
(Expert) 23 April 2012
you have no legally enforceable claim in the matter.
further,what is the point in continuing such relationship?
atleast you could understand his true colour before marriage.
Devajyoti Barman
(Expert) 23 April 2012
Was there formal engagement was performed?
If yes then only you have the option of filing a suit for damages.
Else I do not see any merit for legal recourse against so called ' ditching' you.
Better move on life, there is no death of fit people for your life.
Raj Kumar Makkad
(Expert) 23 April 2012
I come openly. If he 'used' your body under the assurance of marriage then definitely he is liable to be prosecuted under various sections of the IPC but if only mental attachment was there then there seems no chance to trap him under any of the law.
Shonee Kapoor
(Expert) 23 April 2012
Better move on with life. Legal remedies would take a long long time and would leave a bitter taste in everyone's mouth.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 23 April 2012
Dear Querist,
I am really moved by your query.I do not know even in this modern world,how girls fall prey to the evils of some male idiots.You are educated and come from a decent family.You were under his influence for almost 3 years,did't you ever get a hint of doubt,regarding his mentalality.If my colleagues above agree with me,I would ask her to lodge a police complaint for breach of promise to marry and even sexually assaulting her many times on the pretext of becoming husband and wife.I would also ask her to take the assistance of women's organisations to teach the beast a fitting lesson.
ajay sethi
(Expert) 23 April 2012
did you have sexual intrcourse?
if he had promised to marry you and later ditched you nad you had sex on bsis of promise of marraige file police complaint .
if you did not have sex and he has second thoughts before marraige thank god that you had a lucky escape
Raja
(Expert) 23 April 2012
legally you may take chance but ethically not good !
prabhakar singh
(Expert) 23 April 2012
Lady! it all goes.He is free to marry any one.It is your mistake to date with one before marriage.
Be angry over me .
I am not afraid.
Dr V. Nageswara Rao
(Expert) 24 April 2012
1. Breach of promise to marry is a fit ground for civil suit for damages.
2. Such breach is not at all a ground for criminal action as your relationship was purely consensual.
3. If you also had sexual relationship (you say you gave your 100%),IT WILL NOT BE TREATED AS RAPE OR ANY OTHER OFFENCE. It is consensual.Supreme Court has held that it is not rape.
4 Courts do not compel him to marry you in any case.But, then, what is the use of such a forced marriage? You can take the horse to a pond but you cannot make it drink.
5. Umpteenth time this has happened.I entirely agree with Mr Prabhakar Singh. Shakuntalas should be vary of Dushyants.
R Trivedi
(Expert) 25 April 2012
Before marriage you may also have multiple options, but after marrying such a person, you will end up making your life miserable. So the best recourse is forget him without wasting any further energy on him.
The fact is you also enjoyed the company. The case can be initiated, not much may come out of it, how will you prove that he harmed you or used your body; its a prolonged pain for you also, why add up to your existing stress.
