Complaint registered under 376 and 506 section
chaithra
(Querist) 15 October 2012
This query is : Resolved
Hi,
I am 29 year old.. a year ago my marriage got fixed in between that a guy who is working with me in a same company.. who is 4 year younger to me disclosed that he is loving me.. i told him that i am getting marry in 3 months.. but still he used to speak with me and to show his feelings towards me.. some where even i started to loving him.. but i told him many times that this relation can not be possible.. one dat he asked me a kiss.. first time i am opposed to him but later i agreed..
next time he asked me to have sex with him.. i m strictly opposed to hem for that. but he came to my place and forced to me to have sex with hem or else he will tell the kiss issue to my would be.. in that situation i didn't able to do anything but i didn't cooperate him for anything he only started everything and ended it... later i felt guilty for that too much .. and i felt very shameless to marry another guy... so i started to force him to marry me.. first he refused told that he never had intention to marry me it was just his desire on me.. then i told him if he wont marry me i will die.. and i will make note of his name that he is responsible for my death.. then he agreed and took some time.. when his family came to know the issue they refused to accept me.. then i attempted first time for suicide.. then my dad and infront of elders he refused that he didn't do anything to me.. when i showed some chatting history and msg all he agreed that he will marry me after 2 years.. then one of my uncle told him to give the statement in written.. but his family didn't agreed for that later he compromised me that he will register marry without knowing to his family later he will inform to his family.. then he continued physical relationship with me.. but for one or one reason he was postponing the marriage.. one day i took password of facebook from him and checked all chat history where this guy i mean my bf asked his friend.. "how is ur new love" that guy told "still in first gare" for that he replied as "be careful dude anyway these all not first time for us"... and also i came to know he has one more gf in his life... then i have started to fight with him a lot.. yes i forced him to marry me as soon as possible and i cant believe him he has to face his family or else i will die i will give all ur msgs to media like that.. one day his gf called me and scolded me a lot.. then i tried second time for suicide.. now his family complaint against me that i used to threaten him and i have misused him.. and we have registered complaint against him for false promise of marriage and rape.. in the complaint we have mentioned that the guy promised me that he will marry me then forced me to sex..
Could anyone please help me that i want to include that he threaten me also that he will show all my msgs i have sent to him to my would be and forced me to have sex with him..
He has given the statement that i used to fought with him a lot and threatened him so he don't want to marry me..
how much this case if favorable to me..
I have all IM chat history where he told "he did all this because i was getting marry and he can escape and he never had intention to marry me.." he just got attracted towards me.. and so many things like this...
I know even i did big mistake in my life.. and baring punishment for that.. Please any one suggest me what should have to do.. that in any one reason he should bare some punishment...
ajay sethi
(Expert) 15 October 2012
1)no doubt your boy friend has betrayed your trust . you have stated that he promised to marry you and as such you had sex with him .
2)necessary for you to prove that you had sex on basi of his promise to marry you .
3)chat history etc will help you in proving your case.
4) however it is better you forget him and move on in life . you have learnt a valuable lesson .
5) court cases take long time to be decided
chaithra
(Querist) 16 October 2012
Yes thanks for the suggestion sir.. but if court ask to take out all the sms that we exchanged with each other for the last year..
might it will show that he never expressed that he had intention to marry me.. it will show only his desire on me.. and only after threaten statement made him to take decision to marry me..
Is this necessary if retain the whole one year sms from service provider and we have to produce all of them to court.. or only the matter which will help us we have to produce only that sms..
Yes i have chat history where he discussed with about our sex relationship.. that will make trust that he had physical relationship with me...
and i read something in the internet that in rape case if victim given the consent to accused then her maturity will be considered.. when if she know the marriage not possible then how she trusted on him and gave consent... it will not be considered as rape...
Devajyoti Barman
(Expert) 16 October 2012
It is you who is to be blamed for it.
Had you not been disloyal to your would be husband at the first place , the guy would not have gone so far.
Though you can file case for rape on the promise of marriage, the case after so much of time has not much merit.
ajay sethi
(Expert) 16 October 2012
no case of rape is made out . he did not have sex with you with premose of marraige . he just wanted to have sex with you . forget the case . you will only spend money on lawyers
chaithra
(Querist) 16 October 2012
But sir... He threatned me he will show all my msgs to my would be... So i gave consent.. Also he told to keep me secrate relationship with him.. So to come out of all this i asked him to marry me... N he told that he did all this becausei was getting marry so he can escspe from this.. I know my mistake so only i didnt married to my would be ... I asked this guy to marry me who is respossible for all this...
Also when i attempted first time for suicide... Inftont of all the elders he promised that he will marry me after 2 years n continued physical relationship with me... Also he promised me that for time being he will register marry me... Atleast for this is it can be considered as rape or not..? Because after promising infront of all he continued physical relationshop with me...
Now he is only giving the reason he wsnted to marry me but i used to fight with him.. N i used to thresten him... I given the resdon why i used to fight with him because he told he never had intention to marry me he just wanted to have sex with me.. So i wanted he should marry immediately i cant believe him blankly for that he has to face his family..
ajay sethi
(Expert) 16 October 2012
marriage solemnised under threat wont last long . better forget him and move on in life . you have a choice .
you threatened to commit suicide that is why he reluctantly agreed
Sudhir Kumar, Advocate
(Expert) 16 October 2012
I agree with Mr Burman and Mr Sethi.
In addition I have observed that you have given your side of story tryin gbest to paint you as angel and a victim.
It is not possible for forcibly maintain a marriage adn you are trying to create one.
Sincere advise if you do not mind meet a psychitrist they have solution for such metal dilema and can save.
chaithra
(Querist) 17 October 2012
Ya that's true i am made... that i am opposing the desire of man.. who will first intended to get her love for his desire.. then through her from his life blaming on her.. who is not care about others emotions and feelings... i know there is no room in law for emotions and feelings using that only guys are playing with girls life.. as per my knowledge girl will not move with a guy till she not confident to marry him to face anything for him.. when he threat me for his desire that is not big issue.. when i threat him to marriage for good sake that's absolutely wrong.. yes i need psychiatrist suggestion because my this situation he is the reason.. Making anyone to this much depress also in offense.. making any one that much stress to give up there life is also offense..
V R SHROFF
(Expert) 24 November 2012
Don't go for sex before marriage.
