1) You actually married her. Section 69 applies when a man has no intention to marry. If you married her, the intention was genuine, regardless of her personal feelings or secrets.

2) : You are both adults who consented to the intimacy and later consented to marriage

3)  According to facts stated by you , she was the one having conversations with an ex and admitting she was marrying you out of circumstances, while you intended a genuine marriage.

4)  The Courts have consistently noted that FIRs filed after a marriage breaks down—especially if it is in response to a divorce petition—are often viewed as retaliatory rather than genuine. 

Even if she files it will not stand. But divorce only on baisis of past relationship is not admissible. Only if you can prove that even after marriage she was in relationship with him then yes

Since you have subsequently married her hence any complaint of intimacy prior to marriage especially when you didn't get involved physically with her, is not maintainable in law,  neither the police nor the court will entertain any such complaint. 

Section 69 applies where sexual relations are induced by deception, such as a false promise of marriage made with no intention to marry at the reveal time. In your case, the key facts work in your favour:

• The marriage actually took place with free consent of both parties after the pre-marital intimacy.

• There was no penetrative sexual intercourse before marriage, as you have clearly stated.

• The intimacy (kissing/hickey) was mutual and consensual, not induced by fraud or misrepresentation.

• You did not abandon the marriage; instead, you went ahead and married her, which strongly negates any allegation that intimacy was obtained by a false promise.

• The marital dispute arose after marriage, due to her continued emotional involvement with another person.

Courts have consistently held (even under the earlier IPC Section 376 jurisprudence) that where marriage actually takes place, allegations of “promise to marry” based deception generally do not survive, unless it is shown that the marriage itself was a sham or fraud ab initio. From your narration, there is no such indication.

As regards your divorce petition, you have filed it on the ground of cruelty, citing emotional infidelity, lack of emotional commitment, and concealment of material facts. That is a civil matrimonial dispute, and merely alleging in the divorce pleadings that she married “without interest” does not automatically translate into criminal liability for you.

Can she still attempt to file a complaint? Practically, yes—anyone can file a complaint. But for it to sustain:

• She would have to prove intentional deception at the time of intimacy, and

• That the intimacy was solely because of a false promise of marriage, and

• That you never intended to marry her, which is contradicted by the fact that you did marry her.

The absence of Snapchat chats does not harm you. In criminal law, the burden is on the complainant, not the accused. Your strongest defence is the undisputed fact of marriage, followed by her own post-marriage conduct.

As a precautionary strategy:

• Preserve all evidence of her post-engagement and post-marriage chats indicating emotional infidelity and lack of commitment.

• Avoid confrontational communication.

• If you apprehend a false criminal case, you may consider anticipatory bail as a preventive step if any complaint is filed.

• Your divorce case itself establishes that the breakdown was due to her conduct, not yours.

In summary, Section 69 BNS is unlikely to apply to you on these facts, and no other cognizable offence is automatically attracted merely because the marriage has failed. Your legal position is defensible, and the marriage itself is your strongest shield against any “false promise” allegation.

under BNS Section 69 is not likely to succeed because the pre marital intimacy was with mutual consent and was followed by a valid marriage. To attract this offence the woman must prove that the man had dishonest intention from the beginning and made a false promise of marriage only to obtain intimacy which is not the situation here since you did marry her... Her chats with her ex and statements showing lack of interest relate to marital cruelty and breakdown of marriage and do not make out a criminal offence against you. Even if a complaint is filed it will be difficult for her to prove deceit on your part. As a precaution preserve all marriage related documents and evidence of her conduct and if any criminal case is initiated seek anticipatory bail.

Dear client,

From the facts you have shared you’re not criminally liable under BNS 69 or any similar offenses for what happened before marriage

First about premarital intimacy

What you described was consensual sex limited to kissing Hickey and not based on any false promise of marriage And both of you had already mutually agreed to marry and under section 69 of BNS applies only when men deceives a woman into a sexual relationship by false promise of marriage with no intention to marry and the situation does not exist here You did marry her and there was no sexual exploitation or deception from your side so BNS 69 cannot apply to you.

Second about her continuing emotional relationship with another man

Even if she say it was not physical the chat clearly shows emotional involvement and lack of free consent to marry you Messages saying that she’s you out of a situation no interest and that she was emotionally attached to someone else amounts to mental cruelty under the settled matrimonial law and the courts have repeatedly held that sustained emotional involvement with another person after marriage cross cruelty to the spouse.

Third about cheating or criminal liability on you

There is no cheating offense against you in fact a legally aggrieved party not her so there is also no offense of adultery anymore and it was decriminalized in the case of Joseph Shine versus Union of India So neither side faces criminal prosecution merely because of an affair.

Fourth Lack of consent of marriage

Her own message admitting that she married you without consent and out of pressure actually strengthens your divorce case especially on the grounds of cruelty and possibly fraud misrepresentation they do create criminal exposure to you.

Fifth About deleted charts and evidence

Even if chats are deleted, quotes rely on admission made by the other spouse screenshots, partial records of the conduct and the consistent bleeding and testimony. Retention does not alone weaken your case if the narrative is consistent.

If you have any query please feel free to contact us.

She can't file a case us. 69 BNS. The cases what she can file:

Domestic Violence

Dowry and for

Maintenance

After how many days/months/year u have filed a divorce case? 

Don't worry much, be relaxed nothing's gonna happen against you.

Wishing u the very best

Adv. Raj Chetan

Hyderabad. 

Can she file BNS 69 on me for the pre-marital intimacy with me?

No, a case under Section 69 BNS is unlikely to succeed against you given the facts. This section criminalizes sexual intercourse based on a "false promise of marriage" that was mala fide from the very beginning . Your situation is different because you actually did marry her two months later, fulfilling the promise. Courts have consistently held that when parties are "consenting adults, who engaged in an active sexual relationship" during their relationship, and marriage subsequently occurred, no deceit exists . The Delhi High Court recently warned that "all failed relationships are not crimes" and that broken marriages cannot be converted into criminal prosecutions where consent was present and the promise was fulfilled .

How will I be affected by BNS 69 given the marital relationship broke due to her activities?

You are legally protected because the essential element of "deceit" under Section 69 requires proof that you never intended to marry her from the outset . Your subsequent marriage conclusively demonstrates your intention was honest. Additionally, you have strong grounds for divorce based on mental cruelty—her chats expressing no interest in the marriage, continuing communication with her ex with terms like "Love you so Much," and her verbal statements that she was supposed to marry someone else . These actions constitute cruelty, and courts recognize that such behavior causes "mental agony and pain" justifying divorce . The fact that she married you while maintaining emotional exclusivity with another person supports your case.

Can she use the deleted Snapchat conversations against me?

No, the absence of chat evidence actually helps you. Since the conversations were on Snapchat and you have deleted them, there is no digital record of the pre-marital intimacy to establish any "promise" or its terms. For a Section 69 prosecution, the burden of proof lies on the complainant to establish deceit and the nature of the promise . Without evidence, courts are reluctant to accept allegations, especially where, as here, marriage actually took place. The Allahabad High Court recently granted bail in a similar case noting that "relationship continued over a long span of time" without clear evidence of initial deceit . Your stronger position is that she deceived you by concealing her continuing emotional relationship.

What should I do to protect myself legally?

Continue with your divorce petition on cruelty grounds and do not engage in any communication with her that could be misconstrued. The chats you discovered showing her lack of interest and continued emotional involvement with her ex are your strongest evidence . If she threatens BNS 69, remember that multiple High Courts have held that "a mere breach of a promise to marry does not constitute an offence" unless the promise was false from the start . Your marriage itself proves your intention was genuine. Courts also consider that women may misuse such provisions to "vilify and criminalise wilful sexual encounters" when relationships sour . Focus on documenting her contradictory behavior and statements for your divorce proceedings.