• Legal advice on how to handle ex girlfriend case

Hello all, 

I was in a relationship with a girl for 4 years. But I wasn't able to marry her because I was afraid that my parents won't agree. So we broke up in September for this sole reason ( my girlfriend was not able to come in terms with the decision) and I got married last month to a girl whom my parents decided by arrange marriage. But ex girlfriend was not able to accept my decision and was asking me to stop the marriage somehow. But I proceeded with the marriage without disclosing my past to my current wife. It's then I got to know that my ex was pregnant with my child and had a missed abortion ( miscarriage which wasn't complete, which she too didn't know till December). She had sent the reports to our common friend and I got to know through him. Although she didn't yet communicate with me, Now I'm afraid that she might file a case on me. Is it possible on legal grounds? Can somehow help me how to handle this situation.
Asked 13 hours ago in Family Law
Religion: Other

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11 Answers

1) you had consensual sex with no promise of marriage

 

2) in the event, your ex-girlfriend files, a case of rape against you, take the plea that you had consensual sex with no promise of marriage

 

3) Apply for an obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
97514 Answers
7882 Consultations

You are in a tough situation. Have to tell me precisely. She is in which month pregnancy ? Case of Rape are full chances. 

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Your situation raises significant legal and ethical concerns. If your ex-girlfriend decides to take legal action, she could potentially claim emotional distress or breach of trust, though such claims would require substantial evidence. Since she has not directly approached you, it is essential to avoid unnecessary contact with her to prevent escalation. Engage a lawyer promptly to understand your legal position and prepare for any possible claims. Maintain a record of all relevant communications and events to defend yourself effectively if required. If the matter progresses, consider being honest with your spouse to maintain transparency and address any challenges collectively. Handling the situation calmly and with legal guidance will help you navigate it appropriately.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Aman Verma
Advocate, Delhi
227 Answers

From your contents it appears that your ex girlfriend conceived almost at the time of your breakup with her, hence your paternity is not confirmed.

However you may remember that even if you are responsible for her pregnancy, it was a consensual relationship hence you cannot be held liable for breach of promise to marry her while indulging in physical relationship.

Despite she is going ahead with any legal action through police, you may first obtain anticipatory bail and challenge her case on merits or arrange for a compromise settlement later on.

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

1. Well, relationship at will and then breaking it under the safe haven of family pressure is fraught with danger. In this case it may happen.

2. Your ex can very well file a case of rape on false pretext of marriage. 

3. As long as she is not doing this you can heave a sigh of relief. 

Devajyoti Barman
Advocate, Kolkata
23332 Answers
522 Consultations

Your ex-girlfriend may file cases like cheating (Section 415 IPC) or rape on the pretext of marriage (Section 376 IPC). However, consensual relationships without false promises are usually not punishable. Here's how to handle it:


  1. Gather Evidence: Keep proof of mutual consent and the breakup.

  2. Avoid Direct Contact: Don’t communicate directly; it may escalate matters.

  3. Consult a Lawyer: Seek legal advice and prepare for potential anticipatory bail.

  4. Consider Transparency: Disclose your past to your current wife to avoid future complications.

  5. Resolve Amicably: If possible, involve a mediator to settle the matter.

Act calmly and preemptively with legal counsel. For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
526 Answers
1 Consultation

Hello, 

  1. In your situation, there can be trouble, if your former partner goes ahead with filing an FIR against you on grounds of sexual abuse on promise of marriage. 
  2. You have to seek Anticipatory bail if you think there's possibility of her seeking legal redressal to her grievances. Her sending the report to the common friend shows she's upset, aggrieved and may take recourse to law. 
  3. It is advisable that you address her grievances through a negotiated settlement, if feasible through your common friend, considering that you are already married to someone else and the repercussions may be unavoidable if not addressed at the earliest. 

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

1. If your ex-girlfriend has demonstrable evidence, then she may file a case on you.

2.  In case your ex-girlfriend files a case then it has to be countered effectively stating that it was a consensual act without any promise of marriage.

Shashidhar S. Sastry
Advocate, Bangalore
5458 Answers
330 Consultations

You can’t do anything now. You have to be cautious and contest any false case filed by her against you. You can also contact me from kaanoon for any personal telephonic consultation if your require in future 

Prashant Nayak
Advocate, Mumbai
32874 Answers
209 Consultations

She can file complaint  against you under Section 69 of BNS, 2023 for offence of sexual intercourse by employing deceitful means with false promise to marry. She have medical proof, she can seek DNA comparison of father  and child. Punishment  for the  said offence is imprisonment  simple or rigorous up to ten years and also fine.

Ravi Shinde
Advocate, Hyderabad
4422 Answers
42 Consultations

Thank you for reaching out with your concerns. Based on the details you’ve shared, your situation involves multiple sensitive legal and personal aspects that need careful handling. Below is an analysis of your potential legal liabilities and a roadmap for addressing the situation.

Legal Implications:

  1. Potential Legal Action by Your Ex-Girlfriend:


    • Criminal Charges under IPC:
      If your ex-girlfriend chooses to take legal action, she could potentially claim emotional distress or allegations of coercion under sections of the Indian Penal Code (IPC), such as Section 417 (cheating) or Section 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage).

    • Pregnancy and Miscarriage:
      Although the miscarriage does not seem to have been induced by any act of yours, she may allege that she suffered mental or physical harm due to the relationship or the events following the breakup.

    • Defamation or Public Harassment:
      If she feels that her reputation has been harmed or there has been undue intrusion into her personal life, she may claim defamation or harassment.

  2. Your Rights and Defense:

    • You can defend yourself on the grounds that your decision to marry was based on personal and family circumstances, and you were transparent about your inability to continue the relationship.
    • If there was no coercion or deceit involved in your prior relationship, you can contest any allegations with factual evidence.

  3. Disclosure to Your Current Spouse:

    • While there is no explicit legal obligation to disclose your past relationships, not doing so could strain your current marriage. Handling this delicately is key to maintaining marital harmony.

Next Steps:

  1. Preventive Measures:


    • Document Evidence: Collect and preserve all communication (messages, emails, etc.) with your ex-girlfriend that shows your attempts to end the relationship amicably and her acknowledgment of the breakup.

    • Mutual Mediation: Consider reaching out through a neutral third party (a lawyer or trusted mediator) to clarify any misunderstandings and prevent escalation.

  2. Legal Strategy:

    • If your ex-girlfriend files a complaint, I can help you draft an appropriate response or represent you in any legal proceedings.
    • File anticipatory bail or other preventive remedies if necessary to protect yourself from harassment or wrongful charges.

Consultation and Representation:

  • Paid Consultation Details:

    • Charges for legal consultation: ₹5000 per hour or ₹1000 per 10 minutes for shorter sessions.
    • This includes reviewing your case, advising on immediate steps, and preparing necessary documentation.
    • For representation, drafting legal notices, or filing responses, fees will be discussed based on the complexity of the case.

  • Contact Information:

    • 📞 Phone: [Your Number]
    • 📱 WhatsApp: [Your Number]
    • I am available to guide you through this process and provide comprehensive legal support tailored to your situation.

I strongly recommend scheduling a detailed consultation to address all aspects of this matter thoroughly. Feel free to contact me to begin safeguarding your interests and preparing for any potential challenges.

 

Sharan Chopra
Advocate, Chandigarh
16 Answers

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