• Cheating

Hi, I am a 50 years old widow. After having a very lonely life I decided to find a companion for life long to live peacefully. I met an army personal (53 years old)over a social networking site. We liked each other and got involved in an intense relationship. He introduced himself as a single man who was never married. Everything was going fine, but one day I came to know that he is married having two grown-up kids. He has a wife, he lives with her. It was like a bomb on me. I am shattered and unable to live a normal life. I feel like killing myself. He apologized but that makes no sense to me. He ruined my life emotionally and morally. I am broken, at this age. How he could use me for his pleasure, where he is not supposed to involved with anyone and hurt and ruined someone's life. I feel cheated and badly used. 

My question here is....how law can help in punishing this man for false declaration of his status and cheating four people( his wife, 2 kids and me). what should we do so that people before making these kinds of crime should be punished. Its a crime to hurt someone at a level where one feels like killing himself. Please advice.
Asked 4 years ago in Criminal Law
Religion: Hindu

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30 Answers

File police complaint against him for cheating under section 420 of IPC

 

2) he intentionally deceived you that he was single and had sex with you 

 

3) if he had promised you marriage then file case of rape against him under section 376 of IPC 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Respected mam ...

Mam if he physical intimate with you then criminal case of rape is made out against her for that you have to approach the police official with filling a complaint ...For rape ...In that he will be on his knees ....Just make a complaint ..

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You can file a police complaint against that person for the offence of Rape under section 376 of the Indian Penal Code, if he had promised to marry you.

It was a clear case of cheating and deception. Stay strong.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hi

You need to prove that, he had cheated you by inducing you into a relationship by falsely claiming to be single person.

Your chat through your social network site will help you having material proofs / evidence.

You can lodge police complaint against him. 

Before going ahead make sure that you are correct.

If possible take the confidence of his first wife also.

Good Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Even though you had given consent for having physical intimacy, he cheated and proposed you to marry solely on that basis, you consented to such intimacy, its an act of rape, there is a judgement pat on point. Can guide you further, if you want

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Emotional feelings can not be measured in monetary terms. So in law particularly in criminal law hurting of emotional feelings  can not constitute an offence.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You can move a complaint against him. 

In complaint write that he has taken room for rent and one day oi was alone in the room and she has  done wrong full act with me with bad intentions

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Dear Client,

 

Law very well protect the interest against such crime ie breach of trust etc...

Do file the case at nearby police station having jurisdiction of your area

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can file a case of cheating against him but it's very difficult & time consuming to prove the same in Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Do you have any mes or something where he has declared himself unmarried. Must be in his profile on social networking site or where ever.

You can file police complaint of cheating and molestation that he declared himself bachelor and exploited you physically/emotionally and for offense with concealment of former marriage from person with whom subsequent marriage is contracted.

Rape charges cannot be sustain in this situation.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See he obtained your consent for relationship if there was.physical relationship by clase facts that is wrong and it amounts to rape you can file a police complaint against him.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is not clear from your query whether you are married to him or not . moreover have got physical relationship with him or not. It is very necessary before I guide you regarding your legal right because they differ in each case . so if you want actually the different remedies available to you then you must disclose all facts. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Legally a man is liable to be prosecuted for the offence of rape if he induces the consent of a woman to sex through fraud. A consent is not a free consent if it has been obtained by playing fraud. You can file a complaint against him under Section 376 IPC in the jurisdictional police station. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Legally you cannot do anything about it except that you can lodge a complaint against him that he had cheated you with promise to marry you for the purpose of having sex with you and now he is backing off by not marrying you.

Without mentioning that he is married or anything you may lodge a criminal complaint against him on the above charges so that the police will take legal action accordingly.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear

In this case only his wife can file a case of divorce against her on ground of adultery.

And you can Lodge an FIR with police for sexual harassment under false promises of marriage against that person which would amount to rape.

Killing yourself is not a solution of this problem the person who cheated you should be punished.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

File case of cheating against your boy friend as he deceived  you by saying he is single and had sex with you 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

See you can file a rape case against the said person for taking consent on false grounds before the police station.  

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- Having said earlier, you must file the complaint against him with the ground of false commitment having a physical relationship with you which shall be considered under the clause of Rape. 

- As you have already delayed long, the case will not be in favor delaying more as you have shared above that you are continuously trying to connect with him. It may go against you. 

- Incase local police having jurisdiction of your area is not supporting, the complaint can be directly registered with Hon'ble Magistrate having jurisdiction of your area.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

If you have got any evidence on hand to show that you have been cheated, you may file criminal case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file cheating against him and if he had also promised you for marriage then breach of promise to marry case will also be maintainable

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Law can definitely help you in punishing this man, if you have documentary evidence to prove your allegations. A complaint for cheating, rape under false pretext of marriage and outraging the modesty of a woman under section 415 376 and 509 of the Indian Penal Code.

His wife can also file for divorce on grounds of cruelty and adultery on the basis of the extra marital affair of husband.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Inam sure you can frame him under rape charges for promising yo to marry and made physical contact 

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

File police complaint against said person for cheating under section 420 of IPC 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Mam your query is well understood here to get said man punished you need to file a complaint before the police station and FIR need to be registered against him. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

My effort is not to discourage you. Even not to encourage such activities but to inform the law on this issue as it stands as of now. 

Recently in a judgement of Supreme Court in a case almost similar to your case,  holds the view that an urban educated lady is well aware of consequences of consensual sex or of living together or of similar life style. So it can not be said that she has been cheated by the breaking of marriage promise by the other party. 

So it is very difficult to drag him in criminal law. 

But in civil law you can claim appropriate compensation for any loss damages or mental agony and harassment.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Take proper legal recourse against him as advised above

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

In this case the above sections are admissible. I am not telling you to file rape charge for promise to marry as it will also have Repurccussion in your life

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

file FIR against him in your nearest police station for physical and mental harassment by way of cheating and putting false promises of marriage. In case he has made physical relation on fake promises then rape case can also be filed against him.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear madam 

You should contact his family and disclose his acts in front of them and lodge an FIR against him of sexual harassment and rape by misrepresentation of facts.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Approach the women helpline police cell and lodge a FIR against this guy for cheating and harassing you.

Follow up with the Police to ensure that a FIR is actually lodged against this miscreant. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

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