• Cheating case

Dear Sir/Mam,

I am Nitin from Gurgaon, I had affair with a girl,  and we decided to get married but after everything done only just 1.5 months ago, girl refused to get married because I was angry and I told her why she tried blue color suit and she broke the marriage and she Doesnt have any other affairs that is clear. Even one day before breaking of marriage, we had sex. But dont know why she is refusing, and I spent whole of my money  on arrangements of marriage as per her demands like new car, foreign honeymoon package, designer dresses even I am having loan because she said that we will pay this loan mutually. Even we already did marriage in private room like we used Sindoor and Mangal sutra before having first time sex. And I have proof of one pic of her in my rented flat in Noida and also my friends those are present at that time and our maid, securguards of society everyone knows, she came to my flat many times and now I am emotionally attached with her and I accepted her as my wife and also I become a patient of depression, I wanna marry her, she also wants I think but don't know why she is refusing.
Now I want to file a case against her for cheating and return of my money which I spent on her.

Please suggest that what should I have to do for this. I am in big depression and I want that she must get a punishment, she raped me for her sexual pleasure and money.

Regards
Nitin Arora
9990023731
Gurgaon Haryana
Asked 1 month ago in Family Law from Gurgaon, Haryana
Religion: Hindu
Unless she had a devious motive from inception it is possible that she may have been brainwashed or coerced by her family to not to marry you. However, you should understand that it is not cheating if one willingly spends money on his lover. The breakdown of the relationship, subsequent to the amount being spent by you, does not reduce the transaction to an act of cheating. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You can cancel your honeymoon bookings 

2) cancel booking of new car 

3) call upon your ex fiancée to return all gifts given by you 

4) your best option is to forget her and move on in life 

5) you can file suit for damages for  breach of promise to marry you and for loss suffered by you 

6) however said suit would take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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applying sindoor on girl and tying Mangalsutra is not sufficient to constitute marriage 

2) you both had consensual sex . It is not rape 

3) you can file suit for damages if you so desire 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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1. That marriage cannot be proved. Anyone is free to have sex with anyone as long as both the partners have attained the age of majority. 

2. A promise of marriage can be broken subsequently as it is not legally enforceable under Indian Contract Act. You have to prove that the promise was false from inception. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Dear Nitin
You may file a civil suit for recovery and damages along with compensation before civil court.

All the money which was expenses by you on her or for this marriage along with compensation for sexual, emotionally and economically harassment.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Even we already did marriage in private room like we used Sindoor and Mangal sutra before having first time sex. And I have proof of one pic of her in my rented flat in Noida and also my friends those are present at that time and our maid, securguards of society everyone knows, she came to my flat many times and now I am emotionally attached with her and I accepted her as my wife and also I become a patient of depression, I wanna marry her, she also wants I think but don't know why she is refusing.
Now I want to file a case against her for cheating and return of my money which I spent on her.

The so called marriage canot be recognised as legally valid marriage because it was done within four walls known only to you both and if she refuses then you cannot establish that marriage.
The expenses that yo undertook during the cordial period with her cannot be termed as an agreement that if the proposal to marriage breaks she has to return the same. Therefore it is not enforceable in law,
There is no question of cheating and she or you have every right to break the marriage before it is solemnised for the reasons either of you may justify, the marriage cannot be forced if either of the party is not willing to proceed with it any further. 
If her attitude and behavior had hurt you or defamed you or spoiled your reputation in the society then you may file a defamation suit agaisnt her demanding heavy compensation for that. 








Please suggest that what should I have to do for this. I am in big depression and I want that she must get a punishment, she raped me for her sexual pleasure and money.

Consensual sex is not termed as rape.  In fact this sexual cohabitation took place in your residence, if she claims that you forced her or have administered sedate to her and have raped her, then you will be held liable for the offence.
Actually men are the innocent victims under such circumstances hence forget about taking any legal action n her in this regard and if you have presented her any costly gifts, ask her to return them since the marriage has been stopped by her. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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But about the marriage, she did with me in a private room, and physical relationship.
Means girls have right to have sex with any person without any boundation and they can promise for marriage and also break and cheat. 
If I were done so, she must had launched a complaint against me and I would be under police custody. Because I m a boy, I can't do anything except i have to suffer whole life and she feel independent and can laugh on me, just saying that I spoiled ur life and u can't do anything because she has every rights and I can't do anything.

The contents which you have expressed above are the facts and law. 
Men are the silent sufferers under such circumstances.
There is no point in arguing on these things when the law is women biased. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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