Fight Right
Asked October 26, 2016

oral promise of marriage breached

  • 2 Answers
  • 654 Views

By profession i am a professor, one of my student is going through a worst condition and i am not finding a way how to help her. I am writing this mail because the thing which she is facing, should not be faced by someone else. Mam she was in relationship with a person for 9 years, that person promised her that he will get married to her. Everyone in his family was aware of their relationship. She use to go his place in all the functions. but now she came to know that he got engaged. He and his family was continuously lying to her. What can be done in this case, because she is mentally disturbed and going in depression

Answers 2

Hello Sir,

We sympathise with your student and are sorry she has to go through this pain.

However, there is no legal remedy that can ask a person to marry or not marry another, especially if the boy (in this case) is willingly marrying another.

If you believe that the boy consciously and willingly cheated her, then you could file a case against him under Section 415 of the IPC (cheating). However, there are extremely slim chances of the court ruling in your favour. Section 415 states that cheting is when a person, fraudulently or dishonestly induces another person to do something which he would not do otherwise, and such an act causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

However, I must warn you that the success rate of such cases is quite low, especially in this case where an engagement ceremony (between the boy and your student) did not take place. This is because she has to prove that she did something based on his promise to marry, and that doing such a thing caused damage to her mind and reputation. THIS is where the difficulty lies: Convincing the court of her actions AS WELL AS its effect on her.

Moreover, if you are successful, then it would send the boy to jail. Will your student be okay with that?

 

Hence we would recommend you to try and settle the issue amicably, as far as possible. In the meantime, you could get counselling sessions for your student to cope up with her pain, and get mentally stronger.

Agree Comment 0 Agrees about 4 years ago

In case they have extended the relation to physical relationship then certainly she can file a complaint under domestic violence act u/s 12; Indian Penal Code, and also a civil case seeking injunction from court restraining him from getting married with any third person.

Agree Comment 0 Agrees about 4 years ago

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