How to Prove False Promise of Marriage
⚖️ False Promise of Marriage
1️⃣ Definition
A false promise of marriage occurs when a person induces another into a relationship or sexual act by falsely promising to marry them, without intending to fulfill the promise.
Such acts can lead to civil claims (e.g., for breach of promise, maintenance, or compensation) and sometimes criminal liability under Indian Penal Code (IPC).
2️⃣ Legal Provisions
Indian Penal Code (IPC):
Section 420 (Cheating):
If someone induces another to act on the promise of marriage and defrauds them, it can amount to cheating.
Section 375/376 (Rape) & Section 366 (Kidnapping for Marriage):
In certain cases where sexual consent was obtained under false pretenses, sexual assault charges may apply.
Civil Law:
No specific statute for “breach of promise to marry” currently exists in India, unlike some Western jurisdictions.
Compensation may be claimed under:
Tort of deceit/fraud
Mental cruelty under Hindu Marriage Act, 1955
Protection for Women:
Dowry harassment or cruelty can also be claimed if false promise leads to exploitation.
3️⃣ Elements to Prove False Promise of Marriage
| Element | Explanation |
|---|---|
| Promise Made | Clear evidence that marriage was promised. |
| Intent | The promisor never intended to marry at the time of making the promise. |
| Inducement | Promise induced the victim to act (e.g., sexual relations, living together). |
| Reliance | Victim relied on the promise, suffering loss or injury. |
| Fraud / Deception | Act was intentionally deceptive. |
4️⃣ Types of Evidence
Written Communication:
Letters, emails, text messages, social media chats confirming the promise.
Witness Testimony:
Friends, family, or colleagues who heard the promise or observed conduct.
Conduct of Parties:
Evidence of cohabitation, sexual relations, or family introductions based on promise.
Behavior Showing Intent:
Breaking contact immediately after gaining benefits
Avoiding marriage formalities despite repeated assurance
5️⃣ Judicial Interpretation
State of Punjab v. Gurmit Singh (1996) – Supreme Court:
Emphasized that intent to deceive at the time of promise is critical.
Nilofar Shaikh v. State of Maharashtra (2012) – Bombay High Court:
Held that sexual consent obtained by false promise of marriage could amount to criminal offence under Section 366 IPC.
Manu vs. Manu (1971) – Family courts:
Recognized mental cruelty arising from false promises as a ground for divorce.
6️⃣ Practical Steps to Prove a False Promise of Marriage
Document Everything:
Save chats, emails, letters, or any communication promising marriage.
Witness Statements:
Gather statements from people who heard the promise or observed reliance.
Show Reliance:
Evidence of acting on the promise (cohabitation, financial support, sexual relations).
Legal Action:
Civil Remedy: Claim compensation for emotional distress or mental cruelty.
Criminal Remedy: File complaint under IPC Section 420, 366, or 376 if deception was used to obtain sexual relations.
Family Court Filing:
In case of mental cruelty, file for judicial separation or divorce under Hindu Marriage Act Section 13(1)(ia).
7️⃣ Key Takeaways
| Aspect | Explanation |
|---|---|
| Intent Matters | Must prove the promisor never intended to marry. |
| Reliance Required | Victim acted based on promise. |
| Evidence is Crucial | Written, oral, or circumstantial evidence strengthens the case. |
| Remedies | Civil compensation, criminal prosecution, or divorce on grounds of cruelty. |
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