Anonymous
Asked March 17, 2017

Boyfriend cheated

  • 1 Answer
  • 3338 Views

Hello sir, I've fell in love with this guy from my office who proposed me and we had a one year relationship. In between we started living together for almost 3 months after which he vacated the place and left the place resigning his job and went to delhi from bangalore all of sudden and said he won't marry me anymore as he promised me earlier. It's a planned cheating. I've met many of his family members too. He used me physically and has cheated me. I want justice. Now I'm having suicidal tendencies. What if I end my life because of him. Can we file a case against him and get him married to me? Please help me sir. I've evidences of pictures, keys of the house where we used to stay together and i can ask the owner for agreement.Please tell me what can be done. Thanks.

Answer 1

Dear sir/madam,

In my opinion, you should send them a legal notice through an advocate, explaining them the repercussions of what they have done and also stating the legal course of actions that you are willing to take as a result of, him not keeping his promise. The legal provisions those are available to your aid by the purview of a criminal complaint are as follows :-

Section 90 of Indian Penal Code suggests that consent obtained via "misconception of fact" is not really consent.

Section 354 of Indian Penal Code will also become applicable here, which talks about Assault or criminal force to woman with intent to outrage her modesty.

Section 503 in The Indian Penal Code mentions Criminal intimidation – meaning thereby to harm the reputation or property of any one in whom that person is interested, with intent to cause that person to do any act which he is not legally bound to do. 

The abovementioned criminal complaint can be filed by you, in the form of :-

  • A private criminal complaint directly before the magistrate in the district court, or
  • Through a police complaint i.e. an F.I.R. in the police station.
  • Further, another criminal complaint can be levelled against him under the garb of section 415 and Section 405 of Indian Penal Code. Section 415 defines Cheating whereby a person deceives another into delivering him his money either on a pretence of fiduciary (based on trust) relationship etc. and section 405 defines Criminal breach of trust – resulting from the misadvantage taken by a person over the thing entrusted upon.

    Mahadeo Prasad v. State of West Bengal[1] that offence of cheating is established when accused person induces the complainant to do something which he would otherwise never done. Also, had it not been about the promise to marry, the woman would have never surrendered herself for willing sexual intercourse.

    My further advice to you would be to not to take a wrong step in life which will leave your parents life in abyss.  You need to collect yourself and stand up for your own cause. For, you are the only one that can help yourself – in this matter. This should not be the end of life. Doing such wrong act would give the persons like accused, more power to continue such activities in future and easily get away with it. Living in with him was also your independent decision, now be brave and claim for a solution to such a change in circumstances.

    Winning or loosing in such cases is entirely dependent on how well you are able to prove the promises made by him to you in order to deceive you for things that happened as a part of the evidence.

    Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    https://lawfarm.in/legal_cases/new

     

    [1] AIR 1954 SC 724

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