mohit verma (software engg) 19 January 2016
Laxmi Kant Joshi (Advocate ) 19 January 2016
Sidharth 19 January 2016
Don't worry, she can't do anything
Read this, maybe helpful to you
In Deepak Gulati vs State Of Haryana case in 2013, the Supreme Court of India held that s*x based on the false promise of marriage can be rape in certain situations. The apex court observed that there is a clear distinction between rape and consensual s*x and the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives.
If the accused had made a false promise to only to satisfy his lust, it will fall within the ambit of cheating or deception and there is a distinction between the mere breach of a promise, and not fulfilling a false promise. The court further said that it must be examined whether promise was made at an early stage and whether the consent involved was given after wholly, understanding the nature and consequences of s*xual indulgence.
However, the court clarified that in some situations the prosecutrix agrees to have s*xual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, the situation does not necessarily lead to rape and the court must consider other evidence as well for support.
Similarly, where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, was unable to marry her, despite having every intention to do so, the case should be treated differently and cannot be considered rape if the other available evidence do not prove otherwise.
The fundamental principle behind the consent
The last year, the Delhi High Court held that a s*xual relationship with a woman after making her a false promise of marriage amounts to rape. The conclusion was based on the logic that the so-called consent under a false promise of marriage is no consent. It further observed that a man receiving consent to s*xual relations under false pretext does not amount to legal or valid consent and saving him from being accused and punished for rape.
Widening the ambit of the law, the Delhi Court held that even if the woman is assumed to be a willing participant in their physical union, the fact that the man had no intention of marrying her would make it an instance where consent was given under a misconception, nullifying the efficacy of approval.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 January 2016
If you give the same narration before a court of law, certainly a promise of marriage can be suspected. The only question will be whether there was s*xual intercourse. Here you have confessed? If you confess before a court of law also, you had it. These days if s*xual intercourse is immediately reported it can be proven through medical examination of the victim and forensic evidences. Be careful and pray to God.
SAINATH DEVALLA (LEGAL CONSULTANT) 20 January 2016
Vikas 20 January 2016
.My brother ex girlfriend promise to Marriage.
My brother had a relation with her girlfriend 4 year back , when he got separate from her and shifted to other city she filed the 376 case against him, he got the bail from high court on the basis of SMS copy of chatting with her in which she was blackmailing him , and compiling to live together otherwise she will put his life and career in danger, she told to black mail our parents to. We have copy of all sms ans her threats, now the case in court, and yesterday only first trial of the case was done.
In which she told , yes I used love him, but keep on repeating the same sentence that he made relation on the false promise to marriage, now I want to know what is the future of this case please advise me nad consult me experts with your experiences
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 January 2016
If your friend had s*xual relations with her 4 years ago, she did not then insist on marriage and on failure on the part of your friend did not go to the police or court then itself, it will become a case of afterthought and she cannot make a case now. Just chatting does not amount to promise of marriage and there can be no punishment for not marrying. If at all, I mean, if at all, there can be a civil case.
Sidharth 20 January 2016
Dear Mohit, If you think she can file FIR, you can move to HC and request the court for " notice period" to avoid arrest.
Vikas 20 January 2016
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 January 2016
Mr. Vikas: This post was started by Mr. Mohit Verma. Why did you butt in here? If you had a query you should have started a separate post. Inadvertently I replied your post which I should not have done. Now Mr. Siddharth has replied Mr. Mohit. Then you have come in again. What is this Mohit-Vikas-Mohit-Vikas- Mohit. Is this a ping-pong game or what? You leave this space for Mr. Mohit and start a separate post.
I request other LCI members to ignore Mr. Vikas here.
dr g balakrishnan (advocate/counsel supreme court) 20 January 2016
my dear friend, how could you prove you had not raped her? think a little young man. world is not a big fool.
dr g balakrishnan (advocate/counsel supreme court) 20 January 2016
false promise to marry and then have s*xual intercourse is indeed a deceit based rape too ,so think. contract under sec 17 is fraud. pls do not make mockery of laws which are again a mockery by the great law makers sir. so laws might not support you as the courts read in between lines'
see transfer of property act in grant lands csannot be applicable. think u know.
it means substantial acts again mocked by law makers by making fresh laws...
mohit verma (software engg) 21 January 2016
she married a person who was divorcee and hide from her that he give divorce from his first wife and has son of 3 yrs . he got marriage with her and physical relation for long tym . when she get to know she left him . she is still facing cromical case of fraud from his first wife in court .. will it help me to prove that she is fraud and making false allegation ?
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 January 2016
Let me try to put your statements in understandable English so that I can understand it properly myself.
She(A) married a person(B) without knowing his past history and she had also physical relationship with him. Later she came to know that he was a divorcee and that he had a 3-year-old son by his first marriage. When she came to know that he was a divorcee she left him. If A marries a person who had obtained divorce from his previous marriage legally he had done nothing wrong. Of course he was guilty of suppression of material information from A. A is facing a criminal case of fraud from the first wife of B. What was the criminal case? Was it that A married an already married man B? Then was it that B had not obtained divorce from his first wife. If so B is guilty of a fraud and A was a victim of that. If A had married B unknowingly then their marriage is void. A is not guilty of any fraud.
In your first statement you have stated that A had obtained divorce from her previous marriage which was even otherwise void. If A had known something about you which will do harm to you if another person or the world comes to know of, but A has nothing to do with that matter but she threatens you that she will disclose it to the other person or to the world, then that is blackmail. But if you had s*xual intercourse with her but now you refuse to marry her and she threatens to take action if you do not marry her, that is not blackmail. If she was a victim of fraud with respect to her marriage and divorce with B you cannot charge her with fraud. If the first wife of B has charged A with fraud and the case is in court, whether she had committed on first wife of B has to be decided by the court. You cannot claim that A had committed a fraud on you.
Aashish George (lawyer) 24 January 2016