Man cheating giving false promise to marry
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
I am a divorcee and one man has given me commitment to marry and was in relationship with me for more than 8 years. Can anyone say how to take it legally to make him marry me as it will be a bad name and a scar on me. After I informed everybody he has backed out. Kindly let me know whether I can file a case against him for cheating and giving false promise and lead a live in relationship with me. what sort of case can be given. I have all proofs of chat msgs, photo, mails assuring to marry
Querist :
Anonymous
(Querist) 07 December 2011
can anyone help and advise on this
Sailesh Kumar Shah
(Expert) 07 December 2011
A similar type of query already answered previously, however facts upto some extent are different.
http://www.lawyersclubindia.com/experts/False-mariage-promise-237406.asp
Shonee Kapoor
(Expert) 07 December 2011
Can anyone force him: NO
Can cases be filed: YES, for that need more facts on what cases can be filed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 07 December 2011
It actually he even went upto the extend of fixing up the marriage dates. Then i have informed at my place and my parents approached their parents which they considered this is illicit affair and totally brain washed him and he just in one day changed everything stating this will not work out. I have a kid he was stating for his better future we cant marry and after that he is not in touch and i tried to mediate through an advocate but he didnt respond to him or my msgs or calls
Querist :
Anonymous
(Querist) 07 December 2011
How it is possible giving a commitment and I totally love him madly and that much trust he built into me and now I am unable to reach him through phone or I have anybody support to take it forward. I am alone and helpless and duno what will be my future without him. Their parents are trying to get some other match to get him married. Kindly let me know if I take it legally will I get justice
prabhakar singh
(Expert) 07 December 2011
A promise or even an agreement to marry is not specifically enforceable at law.
As regards to fact that even being widow you agreed to relationship with him for long 8 years prima facie favors to show a circumstance that all went out of free consent.
However I do not rule out possibility of framing some case on your behalf after going deeper into the examination of fact and evidence thereof.
Better consult a local lawyer dealing family and matrimonial cases or send an email to Mr. Shonee Kapoor.
Querist :
Anonymous
(Querist) 07 December 2011
I am still trying hard to reunion with him but he is not allowing even to talk to him.
prabhakar singh
(Expert) 07 December 2011
Mam!
you did a mistake in reposing confidence for such a long period.As a lady of prudence you should have got marry him first before entering into any such relationship.At that junction it could have been possible even without parent by entering into a civil marriage.
It is here that you committed a mistake that it should go arranged.Your very thinking was wrong.Was every thing between you two was pre sanctioned by parents??certainly not.Then what was fun behind telling them and looking for any arranged marriage??
I think he was bachelor and not a widower
so when it came to light to his parrents, they showed him the other side of the coin,he stood brainwashed because it was a lust and not love that was working on his part in your relationship.
Querist :
Anonymous
(Querist) 07 December 2011
If I am unable to get justice, I really wanted to end my life. I am not able to do anything but carrying this heavy into my heart and been cheated so badly
ajay sethi
(Expert) 07 December 2011
if you have proofs of chats , mails , messages wherein he promised to marry you lodge a police complaint . there have been cases wherein man made promises to marry in writing and subsequently backed out . in such cases police some times depending upon evidence charge the guy with rape .
however as pointed out by mr prabhakar singh you ahev been in relation ship with 8 years with the man . if he did not marry you inspite of promise why did you wait for such long .
any how file police complaint .
prabhakar singh
(Expert) 07 December 2011
sorry!It is not that you are cheated badly but you have acted foolishly.i beg your pardon for my this kind of reaction as again you are stating another foolishness of "suicide"???and What about the KID???why you gave him birth when you have no care of him??
Is his presence not enough to convince your maternity that your life is his necessity??
It would be another sin on your part if you even think so.Make his raise to hights as mother your life aim and you shall find your life more meaningful.
Querist :
Anonymous
(Querist) 07 December 2011
Thanks for your advise. I will do the same giving a police compliant. Will that work out and will I get justice and any type of punishment he will get for doing this
ajay sethi
(Expert) 07 December 2011
it should work . enclose copies of all chats , emails, addressed by your lover
prabhakar singh
(Expert) 08 December 2011
Due to anonymity of yours i am unable to convey some thing i want to tell you as since yesterday i have been sincerely looking for to favor you.
I have got a dissenting judgement where one has my view while the other is of Mr. Sethi.
Due to it being deserting,it has been referred to a larger bench.
Going through it you can make out a case for your self between two opinions.
2010 STPL(Web) 993 SC
[2010(12) SCALE 463]
SUPREME COURT OF INDIA
(MARKANDEY KATJU & GYAN SUDHA MISRA, JJ.)
RAM CHANDRA BHAGAT
Appellant (s)
VERSUS
STATE OF JHARKHAND
Respondent(s)
Criminal Appeal No(s). 439 of 2006-Decided on 24-11-2010.
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
ORDER
Markandey Katju, J.-Heard learned counsel for the parties.
2. The separation of law from morality by the British positivist jurists Bentham and Austin was a
great advance in legal history.
3. The oft quoted story in this connection is of the famous Lord Chancellor of England Sir
Thomas More (1478- 1535) who once went for a walk on a street in London with his daughter
Margaret and her husband Roper. On seeing a man running on the street Margaret told Sir
Thomas "Father, get that man arrested". When Sir Thomas asked why, she replied "Because he is
a bad man."
Sir Thomas then asked "But which law has he broken?" to which she replied "He has broken the
law of God". Sir Thomas then said "Then let God arrest him. I arrest a man only if he has broken
a law of Parliament."
4. Often an act may be regarded as immoral by society, but it may not be illegal. To be illegal the
act must clearly attract some specific provision of the Penal Code, or some other statute. This
case illustrates the point.
5. This appeal has been filed against the impugned judgment and order of the High Court of
Jharkhand dated 8.9.2005. By the impugned judgment the appellant's conviction under Section
493 IPC by the trial Court has been upheld.
6. Section 493 of the Indian Penal Code states as under :- "Section 493. Cohabitation caused by a
man deceitfully inducing a belief of lawful marriage - Every man who by deceit causes any
woman who is not lawfully married to him to believe that she is lawfully married to him and to
cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine."
7. The facts of the present case are that the complainant was employed in the Sub Divisional
Agriculture office General) at Lohardaga in the year 1981. She got acquainted with the appellant
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Ram Chandra Bhagat Vs. State of Jharkhand
herein and they developed intimate relationship so much as that for nine years they cohabited
together and had two children - a son and a daughter. Thereafter, it is alleged that the appellant
turned the lady out of his house.
8. The complainant alleged that the appellant had given her assurance to marry her and even
executed an agreement to this effect on 4.6.1990. The appellant has disputed this agreement.
9. There is no finding by the courts below that by deceit the appellant caused the complainant to
believe that she is lawfully married to him. Rather the allegation of the complainant is that the
appellant assured her that he would marry her and even entered into an agreement to that effect,
though that agreement has been disputed. When the complainant's own case is that the accused
had assured her that he will marry her it is obvious that she was not under any belief that she was
already married to him.
10. Section 7 of the Hindu Marriage Act, 1955 reads as under :-
"Section 7. Ceremonies for a Hindu Marriage - (1) A Hindu marriage may be
solemnized in accordance with the customary rites and ceremonies of either party
thereto. (2) Where such rites and ceremonies include the saptpadi (that is, the taking of
seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage
becomes complete and binding when the seventh step is taken."
11. Thus a Hindu marriage can be solemnized in accordance with the customary rites and
ceremonies of either the boy's caste or the girl's caste (if it is an inter-caste Hindu marriage).
There is no allegation that the appellant entered into a marriage with the complainant in
accordance with Section 7(1) of the Hindu Marriage Act, rather the allegation is that he promised
to marry her in future. There is also no allegation that the appellant deceived the complainant into
believing that they were lawfully married e.g., by getting a ceremony performed other than that
referred to under Section 7(1) or by a purported civil marriage not in accordance with the Special
Marriage Act. Hence, in my opinion, the ingredients of Section 493 IPC are not satisfied.
12. It is true that the appellant has not behaved like a gentleman. He lived with the complainant
for nine years and had two children by her, and hence as a decent person he should have married
her which he did not do. However, there is a difference between law and morality, as already
stated above. There are many things which are regarded by society as immoral but which may not
be illegal. If we say something is illegal then we must point to some specific section of the Indian
Penal Code or some other statute which has been violated. Merely saying that the person has
done something improper will not necessarily make the act illegal.
13. There is a story of two of the greatest figures in law, Justice Holmes and Judge Learned Hand
who once had lunch together. Afterwards, as Holmes began to drive off in his carriage, Hand, in a
sudden onset of enthusiasm, ran after him, crying "Do justice, Sir, do justice." Holmes stopped
the carriage and reproved Hand : "That is not my job. It is my job to apply the law." (see `The
Tempting of America', by Robert Bork). 14. In the present case it can be said that the appellant
has not behaved like a decent man but, in my opinion, Section 493 IPC is not attracted. The
view I have taken is supported by the decisions in Moideenkutty Haji and others Vs. Kunhikoya
and others, AIR 1987 Kerala 184 and Dr. A.N. Mukerji Vs. State, AIR 1969 Allahabad 489. 15.
A criminal statute has to be construed strictly. Unless all its ingredients are satisfied the person
cannot be punished, otherwise there will be violation of Articles 20(1) and 21 of the Constitution.
In the present case since the ingredients of Section 493 are not satisfied the appellant is entitled to
acquittal.
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Ram Chandra Bhagat Vs. State of Jharkhand
16. However, since my learned sister Hon'ble Mrs. Justice Gyan Sudha Misra has a different
view, let the papers of this case be placed before Hon'ble the Chief Justice of India for sending
the matter before another Bench.
Gyan Sudha Misra, J.-Having perused the order of my learned Brother Katju, J. in this appeal, I
respectfully take a different view from the one expressed therein which holds that no offence
under Section 493 IPC is made out against the appellant under the facts and circumstances of this
case. While there is no difficulty in accepting the position that law and morality might stand on a
different footing although they are inextricably linked in my perception, yet I agree that legal
decision cannot be based purely on morality. However, the specific issue with which we are
confronted with in this appeal is confined to the question as to whether the judgment and order of
the trial court, first appellate court and the High Court which have concurrently held the appellant
guilty of an offence under Section 493 IPC under the facts, circumstances and evidence of this
case are fit to be sustained or not. For this purpose, I have meticulously perused Section 493 IPC
which for facility of reference and relevance, is quoted herein as follows:-
"493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. -
Every man who by deceit causes any woman who is not lawfully married to him that she
is lawfully married to him and to cohabit or have sexual intercourse with him in that
belief, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine."
2. A perusal of the aforesaid Section, clearly indicates that every man who by deceit causes any
woman who is not lawfully married wife and goes to the extent of cohabitation and also has
intimate physical relationship with her and the woman submits to that man in the belief that he is
his lawfully married husband, then in my considered opinion, the offence under Section 493 IPC
can be clearly held to have been made out against the accused.
3. As already indicated in the order of my learned Brother Katju, J., the accused/appellant had
been living with the victim lady for a period of nine years like a normal couple which fact has
been admitted by the appellant and out of their relationship, they also had two children. It could
be further noticed that the accused/appellant during this continuance of relationship, had also
filled up an application for information to Special Marriage Officer, Lohardaga under Section 5
of the Special Marriage Act regarding marriage on 13.04.1982 marked Ex.3. In addition to this,
the accused/appellant had also executed an agreement for marriage certificate on 04.06.1982 on
stamp paper of Rs.1.50 paise and admitted therein that he is living a normal family life as a
married couple with the complainant Sunita Kumari for the last one year (which was the duration
of relationship at the relevant time) and Sunita Kumari is his wife, which document has been
marked as Ex.2. Further, voter list of Booth No.25 of Village Bethathat of the assembly electoral
list of Lohardaga (S.T. constituency) for the year 1984 marked Ex.6, further voter list of the same
village Bethathat for the year 1988 marked Ex.6/1 and still further voter list of the year 1993 of
the same Village Bethathat marked Ex.6/2 indicate that the complainant Sunita Devi was shown
as wife of Ram Chandra Bhagat. All these documents had been in existence to the knowledge of
the accused/appellant Ram Chandra Bhagat wherein he accepted her as his wife in writing in
presence of the witnesses namely Anant Kumar Das (PW-1), Laxmi Bhagat (PW-3), Tiwari
Bhagat (PW-4), Birbal Bhagat (PW-5) and Sunil Kumar (PW-6). These witnesses appeared in
the Court and supported the relationship of the accused/appellant Ram Chandra Bhagat with the
complainant Sunita Kumari being husband and wife who lived together at different places of
posting in course of service of the accused/appellant as B.D.O., particularly at Churchur Block in
the District of Hazaribagh (Jharkhand) and in course of their cohabitation, a son was born. The
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Ram Chandra Bhagat Vs. State of Jharkhand
accused/appellant had also solemnized the birth ceremony of their daughter and son alongwith the
friends.
4. Thus, there were strong documentary evidence in support of the prosecution case that the
accused/appellant deceitfully induced a belief of lawful marriage in the mind of the complainant
victim lady that they were lawfully married so that she continued to live with the appellant as
wife treating him to be her husband for more than nine years but the appellant later refused to
accept her as his wife and drove her out. The appellant thus had deceitfully induced the
complainant Sunita Kumari to believe that she was lawfully married to him as he had executed an
agreement for issuing marriage certificate (Ex.2) and also filled up application form to submit
before the Special Marriage Officer (Ex.3) to give assurance to her. It is further on record that
although no ceremony of marriage took place between them, but as per social custom prevailing
in the District of Lohardaga among the members of the Oraon community, if a young man lives
with a young girl in his house for a long period, she is deemed to be his wife which is recognized
as marriage. Thus, in view of the oral and documentary evidence on record, the ingredients under
Section 493 IPC is well established and the offence under the said Section is clearly made out
against the appellant. Hence, even though the appellant and the complainant victim lady Sunita
had not been married by performing any ritual, the evidence on record clearly indicate that there
were overwhelming material-documentary evidence as well as customary practice to induce a
belief to the victim lady Sunita who could infer that she was lawfully married to the
accused/appellant with whom she cohabited and also had physical relationship out of which the
two children had been born.
5. We have to bear in mind that the three ingredients necessary to be established for bringing
home the offence under Section 493 IPC are:- i)the accused practiced deception; ii)such deceit
was to induce a woman (complainant) to believe that she was lawfully married to him; and
iii)there was cohabitation or sexual intercourse as a result of the deception.
6. In my humble opinion, the aforesaid three ingredients for the offence under Section 493 IPC in
the light of the evidence recorded hereinbefore, are clearly fulfilled in the present case.
7. It is no doubt true that the essence of an offence under this section consists in the practice of
deception by a man on a woman, in consequence of which she is led to believe that she is
lawfully married to him while in fact she is not lawfully married to him. Thus, what is required is
that, by deceitful means, the accused must induce a belief of a lawful marriage and then make the
woman cohabit with him. But Section 493 although emphasizes that the victim woman should be
induced the belief that she is lawfully married to the accused, this Section also lays emphasis on
deceit caused by the man who is not lawfully married to the victim and mere inducement of belief
of a lawful marriage is sufficient to establish the guilt under Section 493 of the IPC.
8. In so far as the ingredients of a valid marriage under the Hindu Marriage Act, 1955 is
concerned, we have to bear in mind that we are not dealing with a case herein where the victim
lady is claiming a civil remedy viz. the right of inheritance, merely on the basis of her
cohabitation with the accused/appellant asserting it as a lawful marriage. What we are confronted
to deal with in this matter, is whether the ingredients of criminal offence under Section 493 IPC
can be held to have been made out so as to hold the accused/appellant guilty of an offence under
Section 493 IPC despite the overwhelming evidence, that the victim lady and the appellant had
openly cohabited for long nine years and during this period, the accused/appellant had also
executed an agreement of marriage and in addition had filed an application for registration of
their marriage under the Special Marriage Act. Besides this, in several official documents which
are the voter lists of the concerned consecutively constituency for several years, she had been
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Ram Chandra Bhagat Vs. State of Jharkhand
shown to be the wife of the accused/appellant. Thus, there were sufficient documentary evidence
to induce a belief to the complainant lady that she had been lawfully married to the
accused/appellant although they had not been married according to the rituals.
9. Section 493 IPC in my opinion do not presuppose a marriage between the accused and the
victim necessarily by following a ritual or marriage by customary ceremony. What has been
clearly laid down and emphasized is that there should be an inducement of belief in the woman
that she is lawfully married to the accused/appellant and the inducement of belief of a lawful
marriage cannot be interpreted so as to mean or infer that the marriage necessarily had to be in
accordance with any custom or ritual or under Special Marriage Act. If the evidence on record
indicate inducement of a belief in any manner in the woman which cannot possibly be enlisted
but from which it can reasonably be inferred by ordinary prudence that she is a lawfully married
wife of the man accused of an offence under Section 493 IPC, the same will have to be treated as
sufficient material to bring home the guilt under Section 493 IPC. Interpretation of the Section in
any other manner including an assertion that the marriage should have been performed by
customary rituals or in similar manner only in order to establish that a belief of marriage had been
induced, is bound to frustrate the very object and purpose of the provision for which it has been
incorporated in the Indian Penal Code which is clearly to prevent the deceitful act of a man
inducing the belief of a lawful marriage for the purpose of cohabitation merely to satisfy his lust
for sexual pleasure.
10. Hence, I have not been able to persuade myself to concur with the view taken by Brother
Katju, J. This appeal therefore will have to be placed before the Hon'ble Chief Justice of India
for referring it to the appropriate Bench.
Querist :
Anonymous
(Querist) 09 December 2011
Thank You so much for sharing the information sir Mr.Prabhakar Singh. I had to top level police to get a consultation on this and then he has put me onto women police station and i will be meeting them tomorrow. I have made a compliant in three things Complaint for Cheating, Breach of Trust, Cohabitation caused by a man deceitfully inducing a belief of lawful marriage , Outraging the modesty of women Etc- Regdg.
Sir actually if I am not getting a reunion also he and his parents should know because of him I lost the life and he instigated to divorce me and all
Querist :
Anonymous
(Querist) 10 December 2011
Can any one tell me that if sexual intercourse is done and the sperm are not left it the vagina and if they do DNA test will it prove the concern person has been involved with me. As in the compliant i want to give that he had sexual intercourse with me. Please let me know more details about DNA test
Querist :
Anonymous
(Querist) 14 December 2011
I want to seek advise on the above. I have already given a compliant and the person appeared before the police for enquiry after complianing after 3 days. He accepted that he loved and gave promise but he told that he is unable to marry now because of parents will do something and he is so much feared. So inspector advised to have one to one discussion to arrive at a solution. He was telling that he doesnt want to marry me but he wants to sort out this amicably. but I told him that yes we can do but he has to confirm and marry me. He didnt agree. His mother called and told that to give his son back to her. I want one advise from experts that if I can ask that he has to sign in a stamp paper that he will not marry any one in future and live like this itself as I am living and if I found him married then definetly i will take action. Will this be valid document as per law and then i can take the case back. As I need him to be punished life long for spoiling my life. But at the same time i am not interested run around court and police and all. Please advise. Tomorrow I have meet the Police
Querist :
Anonymous
(Querist) 14 December 2011
can anyone advise on this
ajay sethi
(Expert) 14 December 2011
no even if your lover gives on stamp paper that he wont marry any one else he can always change his mind .
if you are not interested in running around courts and police forgive him .
filing of complaint against him wont give you any peace of mind . .the case will go on for number of years . move on in life
Querist :
Anonymous
(Querist) 14 December 2011
Then how to lock him and teach him a lesson.
Advocate. Arunagiri
(Expert) 14 December 2011
You are trying to stone from the your glassed house. Forget about the affair as a bad dream.
No court, or law can force him for a marriage. Even if he had sexual relationship, you can not compel him to marry.
At the most you can try your level best for cheating. But, the chances are remote to succeed in the case.
You claim that you lived with him for 8 years, after your divorce.
What is your age the time of marriage, at the time of divorce, and now.
What is the age of your sexual partner at the when you had your first affair and now?
Whether he is unmarried? If he is elder to you, as per my logic, he should be a married man.
To sum up, Please read my first para.
Querist :
Anonymous
(Querist) 08 January 2012
As earlier stated about myself. It went upto police enquiry and he didnt agree for marriage and now FIR has been put and he is put in Puzhal jail. Can experts state what will be next step. when it will come to court and how it will take shape.
