Legal Advice

Can I force a person to marry after his refusal

Question: I met someone through a matrimony group's marriage advertisement, and for three months, he has been in touch with me through phone calls and messages. We were dating, had a meeting, and shared a room, during which he expressed his intention to marry me. However, I recently discovered that he has been in a relationship with another woman for the past four years. He claims that this is the reason he cannot marry me. How can I legally compel him to marry me?

Advise

You cannot force a person to marry if he has refused your proposal. Forcing an individual into marriage is legally untenable once they have declined a proposal. Matrimonial websites serve as platforms for identifying suitable partners, and the decision to marry is ideally a mutual one, devoid of compulsion or coercion. If the person in question has an alternative choice and, as a result, rejects the proposal, legal recourse may not be pursued.

Regarding matters of dating, meetings, and emotional attachment, legal action can be initiated if the individual is found to have engaged in cheating or physical and sexual exploitation. The termination of emotional attachment, however, does not constitute an offense. Sexual exploitation under the false promise of marriage is deemed a criminal offense and can escalate to rape if consent for sexual intercourse was obtained under the pretext of marriage.

Instances of physical or financial exploitation can lead to charges of hurt, grievous hurt, or extortion, depending on the circumstances. If these facts are substantiated in a given case, legal action can be taken against the individual. However, compelling someone into marriage after a fair refusal at the initial stage holds no legal standing.

It is recommended to carefully analyze the specific details of the case and seek assistance from a local lawyer for lodging FIR or initiation of legal action against him, particularly if there are elements of cheating, exploitation, or sexual misconduct involved.

Shivendra Pratap Singh

Advocate

High Court Lucknow