• Promise of marriage

I met a guy in matrimonial site two year ago. 
we started talking and after few months of seeing each other we decided to be in relationship and get married. we are in long distance relationship so we met one or two times and spent some time together 
lately I got some health issues and slowly the guy started losing interest... he won't even come to meet . whenever I ask when we are planning he simply won't have a straight answer... he told he will try to switch company and then he will marry . though earlier he asked me that at what time we should marry and I told him within 1 year he agreed. 
but things faded .. and now he just making excuses like we are not in healthy relationship.. nothing is happening good... and i sense he don't want to marry... officially he didn't if yet. but there is lack of effort which is leading to end the relationship and he is deciding whether he should maary me or not.... i don't know if there is any law or not... but my mental health and physical health is more getting damaged
Asked 22 days ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Hi, Promise to marry you and having Sex it also amount to Rape. Better you can lodge police complaint.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

First talk to with both if your parents and arrange one meeting. So what are the Pro and Cons you are facing and why he is not ready or convince to marry with you or delaying as of now.

 

If things do not work after the family meeting. Then you can file defamation and false marriage agreement case against him.

Ganesh Kadam
Advocate, Pune
12997 Answers
263 Consultations

You cannot force him to marry you 

 

you had consensual sex 

 

you can file case of tape against your boy friend if he is refusing to marry you .taje the plea that you had sex under promise of marriage 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Yes you can. It also amount to cheating and breach to trust.

 

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

If you did not have sex no case of rape is made out 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Don't bother about Section. You can narrate the facts and lodge the complaint. Police will decided under which provision of law they need to register FIR. 

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

  1. What case? One can't force the other to marry by holding out threat of a criminal case. No madam, under the facts provided by you, no offence is made out. 
  2. In the relationship if you suffered any financial loss due to the relationship, you can sue him (civil suit) for compensation. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1583 Answers
5 Consultations

You only had long distance relationship 

 

2) you did not have sexual intercourse 

 

3) merely because boy changed his mind you cannot file case of cheating against him 

 

4) As has been held by the Division Bench of the Calcutta High Court in Abhoy Pradhan v. State of W.B case (cited supra), mere promise to marry and later on withdrawing the said promise will not amount to an offence of cheating at all.

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

From the attitudinal behaviour it is obvious that he is trying to avoid getting married to you hence his evasive reply.

It is a hint that you should not waste your time anymore but to discard his thoughts and relationship and proceed to marry any other better person.

There's no law to force him to marry you against his willingness.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

By just being in a relationship you will not be entertained with any case including cheating or breach of trust against him for not marrying you..

Hence don't take any hasty legal step under misguidance to get more disappointed.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

From your contention it can be understood that there was no promise to marry you except that you both came together with the Idea of getting married to each other.

Now the developments are such that he is not interested in getting married to you hence his evasive behaviour.

No case will be entertained by police in this regard hence you may better think about forgetting the entire episode as a bad dream and move on in your life.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

There's no solution for emotional feelings in law.

The legal position is that since there was crime committed by him you may not be able to lodge any criminal complaint against him.

 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

you did not have any physical relationship

 

it was long distance relationship 

 

 

a boy refusing to marry a girl after getting engaged is not an offense

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Dear Client,
Even though sexual intercourse did not take place, false promises of marriage do fall within the scope of Section 3 of the BNSS, for this section comprehends the cases where a person gives an assurance of marriage with the intention that the same would not be performed and thereby causes mental agony and emotional harm. Under this section, you can even file a lawsuit for damage to your mental anguish that you have suffered. In fact, evidence in the formof messages, emails, or whatever form of communication that shows his intent and actions is quite important.A mental health professional can better help you out in dealing with the issue legally.

Hope that this helps you to solve your problem.

Anik Miu
Advocate, Bangalore
10312 Answers
121 Consultations

- Since, there is not physical relationship , then no case made out against him. 

- However, you can send a legal notice to him through a lawyer after mentioning that due to his changed attitude and refusal to marry , you are facing mental harassment and agony. 

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

Thank you for reaching out and sharing your concerns. I understand the complexity of your situation and the importance of receiving accurate and actionable advice.

For detailed discussions and practical assistance tailored to your specific needs, I invite you to book an online consultation with me. During the consultation, I will address all your questions thoroughly and provide step-by-step guidance to help you navigate your case effectively.

Here are some remedies based  on law which you can avail. 

Your situation involves emotional distress and potential breach of trust in a relationship. While the legal system in India doesn't specifically address broken relationships that do not involve marriage or sexual intercourse, there are certain legal remedies and courses of action you can consider based on the nature of your grievances:

1. Legal Remedies for Breach of Promise

A. Breach of Promise to Marry (Under Civil Law)

  • If the man made a clear, unambiguous promise to marry you and his actions indicate deliberate evasion or deceit, you could file a civil suit for damages based on mental agony or emotional distress caused by breach of trust.

  • Courts in India have occasionally recognized claims under breach of promise to marry when it can be proven that:

    • The promise was made with intent to deceive.
    • The victim suffered mental or emotional harm due to reliance on the promise.

B. Criminal Action for Cheating (Section 417 IPC)

  • If you can prove he deliberately misled you or made false promises of marriage without the intention of fulfilling them, you may file a complaint for cheating under Section 417 IPC.

2. Remedies for Emotional Abuse or Mental Harassment


  • No Specific Legal Framework: Indian law does not explicitly recognize "mental harassment" in romantic relationships outside marriage. However, if you can demonstrate deliberate psychological harm, you might be able to file:

    • A complaint for intentional infliction of emotional distress under tort law (civil remedy).
    • If his actions include public humiliation, defamation, or harassment, Section 499 IPC (Defamation) or other applicable provisions might apply.

3. Steps to Take

A. Gather Evidence

  • Collect all proof of his promises, communications (chats, emails, or messages), and any evidence showing his intent to marry you and subsequent evasion.
  • Record any instances of mental distress caused by his actions, including medical records if your health has been affected.

B. Attempt Mediation

  • If you're open to reconciliation or need closure, consider involving a mediator (e.g., a trusted relative or professional counselor) to discuss the issue.

C. File a Legal Complaint (If Necessary)

  • Approach a lawyer to draft a complaint based on the specific facts of your case. Choose between:

    • Civil remedies (for damages due to breach of promise).
    • Criminal remedies (if evidence of cheating or deceit is substantial).

4. Practical Considerations


  • Emotional Recovery: Legal actions may not provide immediate relief for emotional distress. Seek professional counseling to help rebuild your mental health and regain confidence.

  • Assess Legal Options Wisely: Filing a case could lead to prolonged legal proceedings. Evaluate whether the outcome aligns with your goals.

  • Avoid False Claims: Since you mentioned no sexual relationship occurred, avoid pursuing baseless claims (e.g., rape or harassment), as these can weaken your case and expose you to counter-litigation.

5. Summary

You can potentially pursue legal remedies under civil or criminal law for breach of trust or false promises. However, the emphasis in such cases lies on evidence and intent. Alongside, prioritize emotional healing and seek professional guidance for both legal and personal matters.

If you need help drafting a complaint or exploring further options, feel free to ask!

Sharan Chopra
Advocate, Chandigarh
8 Answers

  1. As already stated, there was no criminal act done.
  2. As for civil wrongs, you have to make out any loss you suffered due to this false relationship, in order to sue him for compensation.  You have yourself stated, your already deteriorating health. He's well within his rights to end this relationship.  This relationship ending isn't the cause of your mental health issues...  Rather your health issues was the cause for him to end this relationship (as per the facts you provided) 
  3. So, this relationship ending is best for you. Be positive. There are many in your life  who care for you, many for whom you are the most important, many who love you, as you are, healthy or not...  so get over this spineless person, take measures to get healthy and live your life to the fullest. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1583 Answers
5 Consultations

Legal Recourse:

  1. Civil Suit for Breach of Promise to Marry:

    • If you can prove that he made a serious promise to marry you and subsequently broke it, causing mental distress, you may file a civil suit for damages based on breach of trust.
    • Evidence like chats, emails, or messages showing his promise to marry can be helpful.

  2. Mental Harassment:

    • If you feel his actions caused intentional mental anguish, you may consult a lawyer to explore filing a civil complaint for emotional harassment. However, proving intentional mental harassment can be difficult.

Practical Steps:

  1. Gather Evidence:

    • Collect all communications (texts, emails, chats) where he expressed intent to marry or gave assurances. These will strengthen any potential legal case.

  2. Send a Legal Notice:

    • A lawyer can draft a legal notice to the person for breach of trust and mental anguish, which might compel him to address your grievances.

  3. Counseling and Support:

    • Prioritize your mental and physical health. Consider seeking professional counseling to cope with the emotional distress.

  4. Social Perspective:

    • Sometimes, addressing such issues within family or community settings can help find a resolution without involving legal actions.

Important Points:

  • Legal action for a broken promise to marry is rare and not always successful unless there’s evidence of fraud, intentional deception, or exploitation.
  • Since there was no sexual relationship, criminal charges like cheating or breach of trust under Section 420 IPC may not be applicable.

For detailed, personalized advice, consider consulting a family lawyer. Hope you find the information helpful. If you could spare two minutes to write a review, it would be greatly appreciated. Thank you.

Shubham Goyal

Shubham Goyal
Advocate, Delhi
379 Answers

If he has cheated you then only cheating will he applicable. Consenting relationship and then filing rape if marriage is not done is presently treated not a rape by various courts and cases are not suistainable

Prashant Nayak
Advocate, Mumbai
32721 Answers
208 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer