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What legal action can be taken against a partner who repeatedly promised marriage but never followed through?

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(@vinit panwar)
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[#6193]

A woman in a six-year relationship with a partner from a different caste says he repeatedly promised marriage and made other commitments that were never honoured, and she wants to know what legal action she can pursue against him.


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(@advocate-mudit-pratap)
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If your partner has repeatedly promised marriage over time but has never actually followed through, understanding whether and what legal action is genuinely available to you is important, particularly given how this specific pattern of repeated promises differs somewhat from a single, isolated instance.

The relevant legal provision remains Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), addressing sexual intercourse obtained by deceitful means, including through a false promise of marriage, as discussed extensively in relation to what can be done if a boyfriend refuses to marry after a physical relationship, criminalising making a promise to marry without any genuine intention of fulfilling it, specifically to obtain consent for sexual relations, carrying imprisonment extending up to ten years.

Given the specific pattern you describe, involving repeated promises made over time rather than a single instance, this repetitive pattern can actually work genuinely in your favour when it comes to establishing the crucial element that the promise was insincere from the outset, since a pattern of repeated promises, each one seemingly made with renewed sincerity but consistently never fulfilled, itself becomes meaningful circumstantial evidence suggesting these promises were never genuinely intended to be honoured, rather than reflecting a single, isolated instance where circumstances might have genuinely and unexpectedly changed after an initially sincere promise.

As established by the Supreme Court in Anurag Soni v. State of Chhattisgarh, the crucial and decisive question remains whether the promise was insincere from its inception, used purely as a deceptive tool to obtain consent, and a documented pattern of repeated promises followed by repeated failure to act on them, particularly if accompanied by specific excuses or delays each time marriage was seriously discussed, provides considerably stronger evidentiary support for this characterisation than a single broken promise might, since it becomes increasingly difficult for your partner to credibly claim genuine, ongoing intention to marry when this pattern has repeated multiple times over a meaningful period.

To properly document this specific pattern, it is worth gathering evidence of each specific instance where marriage was promised, including any messages, communications, or witness accounts reflecting these specific promises and the timeline over which they were made and subsequently not honoured, along with any specific excuses or justifications your partner offered each time the promise was not fulfilled, since inconsistent or increasingly implausible excuses further support the characterisation that these promises were never genuinely sincere.

If any property, money, or gifts were provided by you to your partner based specifically on these repeated representations about your future together, this may separately support a charge of cheating under Section 318 of the BNS, which replaced Section 420 of the old IPC, and can be pursued alongside any Section 69 BNS charge if the circumstances genuinely support this additional deceptive dimension.

If you have specific evidence that your partner was, throughout this period, either already committed to someone else, had no genuine independent means or intention to marry, or has engaged in a similar pattern with other individuals, this kind of evidence would considerably strengthen your case by demonstrating a broader pattern of insincerity extending beyond your own specific relationship.

Given how the specific pattern of repeated promises genuinely and meaningfully affects the strength of your potential case, it is worth having your advocate carefully assess and properly document this complete timeline before proceeding, since a well-documented, chronological account of the repeated pattern is likely to be considerably more persuasive than a more general or vague characterisation of your relationship's difficulties.

To pursue this remedy, you would approach the police station having jurisdiction over the location where the relevant events occurred, providing as much specific detail and supporting evidence as possible establishing this repeated pattern and the insincerity it demonstrates.

Given how much these cases genuinely turn on properly documenting and presenting this specific pattern of repeated, unfulfilled promises, it is genuinely important to consult an experienced advocate to carefully assess whether your specific circumstances support a strong case. You can reach out via Aapka Legal Advice for a confidential, compassionate consultation on documenting this pattern and preparing a well-supported complaint under Section 69 of the BNS.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling these matters.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an advocate experienced specifically in Section 69 BNS matters will ensure your case is handled with appropriate care.

In summary, legal action can genuinely be taken against a partner who repeatedly promised marriage but never followed through, under Section 69 of the BNS addressing sexual relations obtained through a false promise of marriage, with the specific repetitive pattern of unfulfilled promises actually strengthening your case by providing meaningful circumstantial evidence supporting the crucial finding that these promises were genuinely insincere from the outset, following the standard the Supreme Court established in Anurag Soni v. State of Chhattisgarh.


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