• Sexual assault

I was in a physical relationship with the girl I'm going to marry. We both lived in the UK, but suddenly, she experienced heavy bleeding. The doctors initially said she had undergone an abortion, but after a month of persistent bleeding, we sought another opinion from the NHS. The new doctors explained it was due to hormonal changes, and she hadn't undergone an abortion. When I confronted her about the lie, she admitted it was out of fear that I might leave her. Mentally exhausted, I decided to end our relationship. She went to India, attempted suicide, and her parents called me to explain the situation. They asked for understanding and acceptance, but I couldn't marry her as I no longer had feelings for her. Now her family plans to file a case against me for cheating. Is there any possibility that I can get rid of this case? I have audio proof of our conversations.
Asked 12 months ago in Criminal Law
Religion: Hindu

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6 Answers

Audio recordings are admissible in evidence 

 

you had consensual sex with her it does not amount to cheating 

 

you have to contest case if any filed by your girl friend on merits 

Ajay Sethi
Advocate, Mumbai
97458 Answers
7878 Consultations

Refusal to marry someone even after physical relationship is a not ground for cheating. After sexual act on sheer promise of marriage amounts to rape.

It is better to resolve this dispute amicably.

 

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

Let them file a false case you can contest the same or file quashing in high court. You can contact a lawyer through kaanoon for detailed remedy 

Prashant Nayak
Advocate, Mumbai
32829 Answers
209 Consultations

If this was consensual sex then you need not worry about it.

If the relationship was on the promise of marriage then you need to be little careful about it.

If she is giving a complaint for cheating then you can apply for anticipatory bail and after that you can look for compromise settlement with her so that things are settled amicably.

For now you remain patient and watch the developments.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

- If she has concealed any material facts from you then you can produce the said audio proofs before the court , if she files a case against you. 

- Further, as per Supreme Court, for consensual sex relationship , no case made out. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Dear Client, 

First consensual physical relationship is not rape. In that case, permission given in violation of a marital vow will be considered rape if the promise is broken. If you promised her a marriage, and she agreed to a physical relationship in violation of your marriage vow, then it will be determined if you cheated. 

Anik Miu
Advocate, Bangalore
10364 Answers
121 Consultations

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