• Cheating In relationship and defamation case

Dear Sir

Hope you are doing fine.

This is in regards to a typical situatuation I am in.
I am in love with a man and we stayed together for 6 months. Here I have to mention I am a Divorcee and he is also fighting his divorce case.
Now this man has dumped me saying he never loved me and whatever we had was circumstantial and he did not mean anything. I did tell him 200 times in the due course in our relationship that I love him still he continued this and when he got a chance to work outside India he left me like a piece of shit. Now I am not a person you pick up from the streets and dump as and when you like. While living with him it was perfect companionship. He never looked being pressurised or under any stress. I have cat conversations. Then when he moved he sent me a text to break up. In this 6 months I feel if he has not loved me then he has used me for various reasons. First for sex, second to have someone next to him, thirdly he needed someone to tak care of the house and sell off his furniture. When all that waa done he dumped me. And I faced financial damages of about 1.5 lacs in the mean time. I was put up in a situation when I had to leave the house we lived over night, stayed in hotels and people's house for a week and I am emotionally destroyed. I want to put up a case and also teach a lesson to all the people who think breaking someone's heart and leave them to madness is legal becaus the relationship is not legally approved as marriage. 
I need your advice. Please suggesy.

Regards
Rashi
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

1) were you aware that your lover was married ?

2) if you had physical relationship with man under promise of marriage you can file case of rape against him under section 376 of IPC

3) your lover defence would be that you had consensual relationship with no promise of marriage

4)messages exchanged , correspondence exchanged with him woukd help you in making out a case

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

He cheated you monetarily as well as outraged womens modesty lodge FIR

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello mam , you an register a FIR under 376 IPC of rape .. If a man has a physical relationship with a women on the false promise of marriage then it leads to an offence of rape ..For further doubts you can contact me in person

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
65 Consultations

4.9 on 5.0

Mam,

I understand what you have suffered. You query is two fold i.e. first that he used you sexually and when he was done with you he dumped you; and second is that you also suffered financial losses because of him.

For the first one I want to make it clear that you can not say that he raped you or anything else regarding sex because the law is very clear that if you are an adult and you had the consent for sexual relationship than it does not amount to any wrong to you. But even after that also if you want to teach him a lesson than I would suggest that we should file a criminal case against him where we will allege about that the sexual relationship between you both was without your consent and was forceful and some other things also.

For the second one you can file a civil suit for the recovery of your money. In this you can increase the total amount and can also claim some more amount as compensation.

The second once would be harder for him because it will cause him a big financial loss. You have to frame him from all the sides if you are intended to teach him a lesson. Moreover, I would suggest you to call me and discuss it on phone and if possible than by meeting so that I can give you the best advice.

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

Dear Madam,

You seems to be mentally disturbed. You must teach him a lesson. The law is in your favor. You can put any number of cases upon him and see that he is come to India again and face the trial.

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Is consensual sex, under the promise of marrying a woman, rape under Indian laws?

It's probably not rape. But:

Section 376 says that sex is rape if it is without the woman's consent.

Section 90 says that consent obtained via "misconception of fact" is not really consent.

Based on these 2, some high courts and lower courts have held that sex based on a false promise of marriage is rape.

However, there are 2 supreme court cases which hold that a promise of future marriage is not really a "misconception of fact", and the man is allowed to change his mind later.

So, technically, sex under promise of marriage is not really rape in India, but either through ignorance, or some other circumstances of the case, you could get a judgement against you.

The Patna High Court and some lower courts have held in similar cases that consen

sual sex under a promise to marry amounts to rape because of lack of consent.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

Respected Mam,

As the person has sexually exploited you with false promise to marriage and also consent for sex was on false promise of marriage and it was obtained by fraud and misconception of facts so the rape charges under section 376 ipc can be file against the person along with 406 that is criminal breach of trust, 420 cheating on monetary and property terms.

Lodge a complaint with the police station police shall file a FIR and criminal case against the person shall be registered.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1) you can file case against him for fraud and defamation. Plus he was living with you in live-in-relationship, so person living together also treated as husband and wife, you can ask for alimony and maintenance from him.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Approach the women cell of the Bengaluru Police and lodge a FIR against this fellow.

In your complaint to the Police, give a detailed description of how this man has cheated you and exploited you emotionally, physically and financially.

Follow-up with the Police to ensure that your complaint is lodged/registered into an FIR.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
236 Consultations

5.0 on 5.0

1. Unfortunately there is no law enacted in the world as per which you can punish a person for breaking the heart of another.

2. So, work with head in place of heart in your instant matter.

3. Had you not been divorced, your husband could have brought the charge of adultery against him which is not possible now.

4. You can not bring any criminal charge against him when you yourself was busy in an illegal act of running a live in relationship when he was still married to some one.

5. A case filed against a crime committed while committing another illegal act is not maintainable. Two persons looted a bank but one of them ran away with the entire loot without giving the share to the other one can not be complained by the deprived one.

6. So, if possible, do not admit the live in or any relationship and just lodge a police complaint of raping you forcibly against your consent and then silencing you for a while with the threat of physical torture/assault on you.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

All your emotional feelings can be understood by a layman also whereas to your sorrow you may not get any legal help through law for this.

Because it was just a live in relationship and as the name suggests, this relationship can break when either of the party is not willing to continue the sdme any further.

You should understand the fact that when he moved in to your place and stayed for 6 months with you, though it may give a look of live in relationship but factually it was his extramarital affairs since he was married and his spouse was living, there was no divorce between him and his wife, therefore it was an extra marital affair, which cannot be legalised.

You say that he utilised you whereas the fact is that you allowed him to utilise you hence you cannot hold him alone for this

Whatever, you may not get any respite through law even if you aproach police or court with any complaint for the reasons stated above.

You may have to be careful while dealing with men in future.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Dear Client,

Being mature women and knowledge of his pending divorce, Case of Rape is not made out, and on the pretext of marriage, he had sex with u also not made out as while subsisting of first marriage, second marriage is void. So, case of cheating also won`t help u.

If u had no knowledge of his previous marriage or he kept u in dark that he is not divorced, than u can file for both rape and cheating.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

You can file cheating case against him. You can file rape by promise to marry but the same Wil not stand in court as sex between you was consentual and both are educated and adults. You can go ahead with cheating.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

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