You cannot be forced to marry girl against your wishes
you had consensual sex with no promise of marriage
3) if your girl friend files rape case against you apply for and obtain Anticipatory bail from sessions court
Family wants to get me married to girl whom I don't like anymore.
I was in love with a girl whom I knew for 2 years. I introduced her to my family. Family thought to meet her family to check if we can go ahead. But there was no formal talk about marriage just normal family meeting. There was no further discussion about marriage nor my family nor their family had any further discussion or talks. In that time I fell in love with another girl and later my girlfriend found about it. I told her that I don't love you anymore you can leave me as we were having fights and arguments before also. But she wanted to continue with me while knowing I'm with other girl and told me to leave the other girl. I tried but I couldn't leave the second girl whom I fell in love later. Now my family wants me to marry the first girl whom they met and the girl is also saying If you don't marry me I'll die. I don't want to marry the girl because I'm not in love with her and it will be unfair for both as it's a life long decision. She's saying she'll complain as we had physical relation but it was consensual and now I dont want to marry her. Will there be any legal consequences if I don't marry the first girl? It's against my wish to marry her but my family, herself are forcing me.
Asked 11 months ago in Family Law
Religion: Hindu
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5 Answers
You need to first take anticipatory bail if any FIR is filed by her against you. Then you can contest any false case filed by her against you
Dear Client,
According to law A person's agreement to engage in sexual activity acquired through a fraudulent marriage pledge does not absolve him of rape accusations. In the event that the accused promises the victim that he will marry her, never intends to marry her, and the victim consents to sexual activity based on the accused's assurance that he will marry her, this consent may be deemed obtained on a false impression of facts under Section 90 of the Indian Panel Code. In such a scenario, the consent does not absolve the offender; instead, the offender may be found guilty of rape as defined by Section 375 of the Indian Panel Code. and can be convicted for the offence under section 376 of the IPC.
Here the legal Consequences depends upon the ground that, whether the physical relation was consented with the assurance of her getting married to you or not .
Even though you both had consensual sexual relationship, there was no promise to marriage neither she is pregnant due to this act.
However the girl, if decides to take revenge on you she may give a false complaint against you, in that case you may have to obtain anticipatory bail and challenge the false case filed against you.
you may not that you cannot force to marry a girl against your willingness.
- As per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.
- Further, as per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.
- Further, the consent for physical relation obtained by giving false promise of marriage is amounts to rape.
- Hence, she can lodge a complaint after giving proof that the physical relation was obtained on the pretext of marriage , however she will have to prove the same.
