Legal Advice

I lied to my boyfriend about my divorce now he refuses to marry

Question: In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn't disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Advise

You deceived your boyfriend by falsely claiming yourself as single. Upon revealing the truth about your marriage, he has chosen not to proceed with the marriage. Since you concealed essential information, you cannot compel him to marry you. 

Your relationship was consensual. Consensual sexual relations refer to intimate or sexual activities between two or more adults who willingly and voluntarily agree to engage in such activities. The key aspect is the mutual consent of all parties involved, indicating that each participant willingly and freely agrees to participate in the sexual acts.

The concept of consent is crucial in distinguishing consensual sexual relations from non-consensual or coercive actions. Consent is typically viewed as informed, enthusiastic, and ongoing agreement to engage in specific sexual activities. It must be given freely without any form of manipulation, pressure, or coercion.

It infers from the facts of your case that there was no deception on the part of that guy. He never promised for marriage or he not established sexual relations on the pretext of marriage. Therefore, you cannot initiate criminal proceedings against him. 

Indian law does not explicitly consider sexual intercourse between consenting adults in the pretext of marriage as rape. It’s important to differentiate between consensual sexual relations and cases of rape. Rape typically involves non-consensual and forced sexual acts.

Shivendra Pratap Singh

Advocate

High Court Lucknow