You both were not married. She left you and hence you cannot file a case. Let it be over. Otherwise if she files a case your career would be spoiled. Therefore forget her.
Hi Sir, I am Vijay from Bangalore. I am divorced guy and working with private company. Recently I was approached by a girl with a word called love and stated she would like to.marry me. I thought she don't know abt my past life and tried telling her but she said she knows that and still want to marry me. I asked her to.approach her parents consent. But even I started loving her and invited her to my house as we wanted to get married. She stayed in my house for 5 days and we had sexual relationship and when she expressed our relationship at her home as usual parents rejected and we still continued and we planned to escape bcoz she used to share her situation at home and we did tht 1 day and asked her if we can go to police station and report she denied for some reason and asked me not share any information for any calls. As she mentioned I didn't share any information when I received calls and later i told her family tht she is safe and she is with me. But her parents made us convinced that they will get us married and took her away. Ever since she reached she said she dont like me and tried to blame me every time she was in connecting over Social media. Lately she started blaming me that I have an affair in office with a girl when I asked her to proive she stated it's not her job. With the information shared I got to know she was relating a girl of my team who I consider like my sister. My peaceful life has become a torture n not able to concentrate my wrk life with all her promises stating even if they don't agree she wants to be with me. She has make me mad with her false promises n I feel like dying. I know being a guy I can ignore n live my life but I loved her truly n now she left pain n mental torture n I am not able to take things or concentrate. Now can I file a case against her. As I have all the proofs.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You both were not married. She left you and hence you cannot file a case. Let it be over. Otherwise if she files a case your career would be spoiled. Therefore forget her.
But we had a argument n I gave back her properly asking why she did this now wht if she complains will my proofs be of any use. I felt not a person for me and just lust pleasure wht she wants. How do I approach if she files. Can I do tht prior to her to be on safer side. She is from Mangalore n I am in Bangalore. I am a brahmin n they are Konkani
You shouldn't take aby step and go about your job and lead your life normally. If she files any case then you should file all the documents and evidence in your support.
You can file a case of cheating and breach of promise to marry. But such kind of things are difficult to be proved in court. My advice will be to forget such woman and move on with your life
You cannot force girl friend to marry you
2) you had consensual sex
3) best to forget her and move on in life
4) don’t file any cheating case against her
5) she may in counter file false rape case against you
If your girl friend files false case of rape against you then you should apply for and obtain anticipatory bail from sessions court
1. Both of you entered into a relationship with your free consent and subsequently she fell out of love. No offence has been committed by her.
2. Hence, no case is made out against her.
Definitely you have right.
File Cheating case against her but be careful she might file case of rape against you.
As in this case you have to consensual sex so you need not to worry about any complaint of molestation and however you need to take extra care to save yourself from this in case you are being different on the social media you come across to your nearest police station for the safeguard and give application in this regard so that in future this should be taken as an evidence.
If you really want to fight, be the first one to file a complaint. Section406IPC, breach of trust. File this.
But i would advise you to not to take any kind of burden on yourself , live happily and fight with consequences
Dear Sir,
You may make use of any of the following tricks which are applicable to your case and be away from that girl.
=================================================================
Live in Relationship Legal Supreme Court
The Supreme Court in Indra Sarma vs. V.K.V. Sarma defined live-in relationships in five distinct ways- A domestic cohabitation between an adult unmarried male and an adult unmarried female. This is the simplest kind of relationship.
A domestic cohabitation between a married man and an adult unmarried woman (entered mutually). A domestic cohabitation between an adult unmarrieda man and a married woman (entered mutually).
These two are the most complex grey areas of acknowledging live-in relationship. Furthermore, the second type of relationship mentioned is adultery which is punishable under Indian Penal Code.(Man only)
A domestic cohabitation between an unmarried adult female and a married male entered unknowingly is punishable under Indian Penal Code as well. A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.
Legal Status of Live-in
In most western countries there is a broader understanding of the idea of a couple in a relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc. However, it is not the same in India.
The Apex Court in so many of its judgments has stated that if a man and a woman “lived like husband and wife” in a long-term relationship and even had children, the judiciary would presume that the two were married and same laws would be applicable.
In another instance, the Apex court even declared that for a man and a woman in love to live together is part of the right to life and not a “criminal offence”. Therefore, live-in relationships are legal in India.
Difference between marriage and live-in relationship
Marriage:
The institution of marriage is a socially and ritually accepted union and a contract between spouses that institutes rights and legal obligations towards each other. In light of the diverse culture in India, separate laws have been formulated which lay down the procedure and guidelines for proper execution of marriages in various religions. Marriage laws have been created to provide remedies for disputes arising out of marriage in different religions.
In addition to the law of maintenance under personal laws, Section-125 of the Code of Criminal Procedure also provides for maintenance if the wife is cannot maintain herself. Women can also seek extra-maintenance apart from the maintenance received by her under any other law as per Section- 20 (1) (d) of the Protection of Women from Domestic Violence Act.
Live-in relationship:
There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.
There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case.
Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.
Protection against exploitation of women and children in live-in relationships
Marriage:
The institution of marriage is a socially and ritually accepted union and a contract between spouses that institutes rights and legal obligations towards each other. In light of the diverse culture in India, separate laws have been formulated which lay down the procedure and guidelines for proper execution of marriages in various religions. Marriage laws have been created to provide remedies for disputes arising out of marriage in different religions.
In addition to the law of maintenance under personal laws, Section-125 of the Code of Criminal Procedure also provides for maintenance if the wife is cannot maintain herself. Women can also seek extra-maintenance apart from the maintenance received by her under any other law as per Section- 20 (1) (d) of the Protection of Women from Domestic Violence Act.
Live-in relationship:
There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.
There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case.
Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.
Protection against exploitation of women and children in live-in relationship
Maintenance of lady partner
The right of maintenance is available to wives under all personal laws in India. However, none of the religions recognises and accept live-in relationships. Since no remedy is granted to women involved in a live-in relationship, Indian Courts have widened the scope of maintenance under the Criminal Procedure Code.
Therefore, Section- 125 of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage.
The Domestic Violence Act was enforced as an attempt to protect women from abusive (physical, mental, verbal or economic) marital relationships. However, as per Section- 2 (f), it not only applies to a married couple, but also to a ‘relationship in nature of marriage’.
Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified.
Children out of marriage
Partners living together for a long time may have kids together. However, live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority. In case of dispute with respect to custody of the child, you may also consult a Child Custody Lawyer.
Legitimacy and inheritance rights of children
Inheritance rights of children are mentioned in Section- 16 of the Hindu Marriage Act, where the legal status of legitimacy is provided even to illegitimate children (those born out of marriage) for the sole purpose of inheritance. Therefore, inheritance rights have been granted to children born out of a live-in relationship. These rights are available in both ancestral and self-bought properties.
Custody and maintenance rights of children
The position on the maintenance rights of children out of marriage varies in personal marriage laws. For instance, under the Hindu Law the father has to maintain the child, whereas under the Muslim Law the father has been absolved of such an obligation.
However, under Section- 125 of the Criminal Procedure Code, remedy is available for children who are unable to claim maintenance under personal laws. Section- 125 provides a legal right of maintenance to wives, children.
You have already passed through trauma of divorce.
Just forget about the fling with the girl and move on.
Do not file any case against her, it may hit back very hard i.e., she may come up with all false cases against you viz., rape charges etc.
Reply to your second post:
Just forget the entire episode.
In case if she files any case against you, contest it on merits.
If she files either rape charges against you, immediately obtain Bail and go for Quash.
You cannot force her to marry you if she's not willing to marry you.
She may under different circumstances at her home.
Perhaps her parents might have pressurised her to ignore you or threatened her for marrying you against their wishes.
Her parents may play a double game also in this due to which she is giving such statements.
Whatever, you cannot give any complaint about this against her with police.
No such complaint is maintainable.
You try to reach her through some other sources and find out the facts.
If nothing works then you decide to ignore her, discard her relationship, don't even bother about her.
Since she has refused to marry you, in my opinion, she may not approach police or court with any complaint, hence you may not worry on that aspect.
Any complaint from your side in this regard will not be entertained or maintainable in law because there's no provision for that.
You may better ignore her and concentrate on your own business.
There is no such law that will punish the girl in this case. Therefore it's better to move on in your life.
if she is planning to lodge complaint, you should immediately file a complaint to the local police station about the threats given to u by her and the apprehension that she may file a complaint against u and involve u in false case.
Also get the complaint drafted by a good lawyer or else u might land up behind bars as per the prevailing laws of the land..
1. She appears to be brainwashed by her parents and hence is not going to marry you.
2. If that is so then you better stop chasing her as this may make her desperate and force her to lodge a complaint of rape to get rid of you.
3. So its prudent for you to go away from her life and start your own.
1. No you cannot file case against anyone for breaking up a love relationship with you.
2. But she can surely file case against you for physical harassment and other charges like rape or outraging modesty of a woman.
3. My suggestion to you is to move on and stop every communication with that girl, if she loves you she will come back then you should ask her to marry you first otherwise don't talk to her.