When a relationship ends after one of the partners refuses to marry despite the earlier assurances, the first question is: “Can I take legal action if someone promised marriage but later refused?”
This confusion is very much in common.
Understanding as to what exactly the law says about the false promise of the marriage, when it becomes a criminal offence, as well as when it does not, can help the person take the right legal decision and avoid the unnecessary litigation.
What False Promise of Marriage Means in Law
The term “false promise of marriage” refers primarily to a situation when one person convinces another person to get involved with them by stating that they plan to marry in the future, regardless of whether or not they truly intend to marry.
In many cases, relationships are based on real love and the expectation that marriage will occur. However, the law creates a significant difference between those situations, as well as two different types of acts.
In the first scenario, both parties have entered into their relationship with the belief that they are eventually going to marry each other, but things then go wrong because either families interfere with the relationship’s progress; there are significant differences between the two parties that cannot be reconciled; or due to changes in lifestyle from one or both of the parties. In cases where a couple has already decided to marry and things go wrong after that point; the law typically views this as a failed relationship rather than as a crime. In these situations, there is no criminal liability.
In the second scenario, one party has made a promise of marriage to the other party merely to gain a physical connection, emotional control over the other party, or to gain a financial benefit from the other party, with no real intention of marrying the other party. In such cases, the law will treat these actions as being fraudulent, deceptive and exploitative in nature.
As a result, in a situation where there is a promise of marriage, the court’s initial determination will focus on the intent of the party who promises to marry.
When a False Promise of Marriage Becomes a Criminal Offence
Numerous individuals often think that any and all broken wedding contracts are deemed to be a “criminal” action. The court system has continuously clarified that such is NOT the case.
A “promise to marry” can only manifest as a “criminal offense” only where certain circumstantial elements are available.
- First, it must be shown through the evidence that the defendant had no intention of ever marrying; thus; the accused falsely and wilfully deceived the victim into believing otherwise.
- Second, it must be demonstrated with evidence that the “promise” made was used by the defendant to gain consent for sexual relations and/or to gain an economic advantage; or, to gain both.
- Finally, the evidence must show that the victim relied upon the “promise”; thereby; resulting in some form of harm (e.g., emotional harm, sexual abuse, financial loss, as well as social harm).
Upon the establishment of the above items by the weighted or preponderance of the evidence, the law will categorize the case as a “criminal offense”; rather than as a “personal dispute”.
Criminal Offences That May Apply in Such Cases
- Rape under Section 63 of the Bharatiya Nyaya Sanhita, 2023 could be one of the more serious offences that can arise in this circumstance. Courts have held that if a woman gives consent for sexual relations on the basis of a belief that a man will marry her, and that promise was made with knowledge it would never be fulfilled, then the woman’s consent is void.
- Cheating under Section 318 of the Bharatiya Nyaya Sanhita may also arise if the accused obtained money or gifts under a promise of marriage but did not carry through with the promise.
- Criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita may arise where the accused uses threats, blackmail, or coercion to get the victim to remain silent about the relationship.
Ultimately, all of these offences depend upon the particulars of each case and the police and courts will evaluate the evidence in great detail to determine whether or not there has been a commission of a criminal offence.
What the Supreme Court of India Has Clarified
The Supreme Court of India has given several important rulings that have shed light on how such cases should be handled.
In clear terms, the Court has stated that simply not being married after a long consensual relationship does not mean that the relationship will automatically become a rape charge. If, at the time of entering into the relationship, both parties were willing participants and had a true intention of marrying each other, then criminal charges cannot be laid against the other party.
At the same time, the Court has determined that if one of the parties involved in the relationship was giving false promises of marrying the other person to gain sexual consent, then that act could be classed as rape.
The Supreme Court of India has therefore struck a balance between protecting victims from exploitation, while at the same time, preventing abuse of the criminal justice system regarding a lack of relationship between the two parties.
Situations Where Courts May Reject Such Cases
In addition, there are numerous instances wherein a court would decline to classify a dispute between two parties as a criminal matter.
For instance, if the parties in question had maintained a consensual and ongoing relationship for an extended period of time and both were aware of any potential impediments to marriage at the time of separation, the court may reject the claim. Likewise, if the claim was made long after the parties’ separation, or if the claimant has been married to another person when the claim was made, the court may also view the dispute as a private matter rather than a crime.
The court will take into consideration all of the relevant facts of the parties’ relationship when determining whether an alleged promise constitutes a legitimate commitment or a deception.
Evidence Required in a False Promise of Marriage Case
Proof is a significant part of helping to determine if the intention behind the promise of marriage was real or false.
The most commonly used proofs in these types of cases include communication records that occurred through WhatsApp, messages, emails, or phone calls between the person accused of breaking an engagement and the victim regarding the promise of marriage.
The couple’s relationship can be demonstrated through both photographic and video evidence which shows their time spent together and their travel and interaction activities.
Financial records which include documented money transfers and gifts and marriage-related expenses provide essential details about the existence of an engagement or promise to marry. The written testimony from family members and friends of the couple who knew about the promise to marry will serve as evidence which supports the victim’s assertion that a marriage commitment had been made.
What Legal Steps a Victim Can Take
The legal system provides pathways for individuals who have experienced marriage betrayal to pursue their rights through legal processes.
- The initial step requires you to visit the nearest police station and submit a report that contains a complete and precise account of what happened when someone tricked you. The police need a complete account of how the promise of marriage was made, what type of relationship you had and how it ended, as well as the details surrounding the deceit that occurred.
- After completing your police report you must present all your available evidence which includes texts and receipts and pictures to help the police understand what happen
- If the police refuse to register a police report, you can file an application requesting a court-ordered investigation before the magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- An early consultation with an attorney can be helpful because an attorney can help the victim understand whether their case falls under category of rape, fraud, or another criminal offenses and act as a guide for navigating the legal system
Practical Precautions for Victims
- People who encounter this particular situation should start using basic protective measures which will help them maintain their legal entitlements.
- Record all types of communication which you have with your partner through texts and emails and photographs. In the future, they may serve as important evidence and should never be deleted.
- You must document all financial transactions that occur during your relationship with the accused. You should handle all interactions with the accused in a non-confrontational manner which will prevent any potential conflicts from escalating.
- The legal system needs to protect victims of exploitation while safeguarding people who face false accusations, which could damage their professional and personal lives.
Why These Cases Are Legally Sensitive
Marital fraud cases are unique in their sensitivity to the law because they involve the intersection of personal relationships and criminal matters. The judiciary needs to protect the rights of victims of exploitation while ensuring that individuals are protected against false accusations that may jeopardize their reputations, careers, and family lives.
As such, trial courts will review all evidence in detail and critically evaluate all aspects of the relationship before proceeding with any criminal prosecution. In short, the law seeks to balance the rights of victims of exploitation with the rights of innocent persons accused of marital fraud.
Conclusion
The Bharatiya Nyaya Sanhita, 2023 defines a criminal offense when someone uses false marriage expectations to obtain sexual relations while using this deception to acquire financial benefits. The law usually considers the situation as a relationship breakdown when both parties to the relationship agreed to enter into the relationship without any intention to mislead about the marriage promise.
People who are experiencing this type of situation should document all details about their relationship while they seek legal advice to protect their rights.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can the FIR be filed if the partner refuses to marry?
The FIR may be filed if refusal involves fraud, deception, or the exploitation.
2. What is the punishment that can apply in such cases?
Depending on circumstances, offences like rape, cheating, or the criminal intimidation as per Bharatiya Nyaya Sanhita may apply.
3. What is the evidence that is required in such cases?
The messages, call recordings, photographs, financial records, as well as the witness statements may be used as the evidence.
4. Can the man file a case if he is cheated in the name of marriage?
Yes. In the cases involving financial cheating or the deception, the men may also seek for the legal remedies.
5. Is every broken promise of the marriage a criminal offence?
No. The courts distinguish between the genuine relationships that fail and the promises made with the dishonest intention.
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