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ananya   04 May 2015

Can a cheating and emotional loss case be filed

I am in love relationship with a guy for 5 years. He was proposing for marriage, 4.5 years back, but as I was studying I said I can't marry now. But he said you do commitment and then I can wait for you even for 5 years. I accepted the proposal on the condition that I need some time for marriage. And then in October 2010 we were engaged in a small family gathering. But due to studies commitment I said I need some time for marriage. Then he threatened me to do harm to me if I don't marry to him. He kept on making all love and marriage promises and that he is only mine and waiting for me to get my studies completed. He was making all love and marriage promises to me but I came to know that he was looking for other girls without letting me know. By this I got disturbed a lot and my studies suffered a lot. But then he asked me for forgiveness and again trapped me in his love and marriage promises. I loved him a lot and was too much emotionally attached to him. I have always asked him that if you want to leave me then leave me now but don't betray me later. And if you are looking for other girls like you did earlier then please tell me, but don't cheat me. He kept saying that he is all mine, he loves me only, I am unnecessarily not trusting him. He will never go to any other girl but marry me only. Till 2nd April 2015 he was making all love and marriage promises. And then suddenly he disappeared and blocked all my and my family phone numbers and all sources to reach him. I wrote him thousands of emails to call me or attend my call for once. But got no reply. Then on 26th April I came to know from some source that he is with other girl and has fixed his marriage with her. Without giving any information to me he did this. I am too much emotionally shattered.  I loved him so dearly. I have never expected of any other man in my life. I have grown by 5 years with him and I am of age 33 now and have not seen any other guy for marriage thinking that he loves me and will marry me as we were engaged and he had always promised to marry me. My family tried to reach him but he is hiding away. 

 

He played with my emotions for 5 years. Cause lot of harm of my studies. Another loss that he caused is - as I have grown by 5 years and of 33 now so my prospects of getting other suitable and nice matches for marriage who suits my qualifications have also decreased. And now without giving me any information, explanation he just hidden away and is marrying another girl. 

 

As I am studying in one of the premier institutes of India so studies load was too much and because of his earlier behaviour of threatening and cheating and now this great betrayal my studies and thus my career has suffered a lot.

 

Me and my parents talked to that other girl he is marrying and her family and she said that I will break your relationship do whatever you can. And they also blocked all our sources to reach them. 

 

When I called his parents to get his whereabouts, they tried to mislead me saying that no person of this same stays here. I called them several times but every time they mislead me or didn't pick up the phone. They are Hindu and they mislead me saying that they are a Muslim family and they don't know anyone of this name. When my parents and relatives went to his home, his parents themselves tried to hide by asking their neighbours to say that they are not at home but have gone for some Yatra. But anyhow we caught hold of them there. Now they have blocked all my and my family numbers on their home phone also.

 

I have proofs in the form of chats, messages, emails, skype chats, number of phone calls, bills he paid on my behalf, gifts.

 

Can I file a case of cheating, betrayal causing emotional and psychological trauma and loss against him? Can a case be filed against him for all this mental agony leading to loss of my studies and thus a loss to my otherwise bright future career? 

 

Can I get an order from court to hold on his marriage with that other girl until he comes in open (as he is hiding away) and gave me explanation of why he cheated me and my family? 

 

Can I make a case against that other girl and his family for seducing him away intentionally and for blocking all our sources to reach them for discussing the matter openly? 

 

Can I case be made against the guy and his family for intentionally hiding away after playing with my emotions and career for 5 years and giving me this psychological torture? 

 

Can he be made to marry me if he cannot give proper explanation for betrayal.

 

Can I get any kind of legal help?

 



Learning

 11 Replies

Dr J C Vashista (Advocate)     04 May 2015

Too long a story, consult a local lawyer.

1 Like

ananya   04 May 2015

In short : I am in love relationship with a guy since 5 years. I had studies committment. When he proposed me for marraige he did saying that I will wait for you even for 5 years. So, we got engaged in a small family gathering in October 2010. But due to my studies the marraige has been postponed.  He had been making love and marraige promises all this while till 2nd April 2015. He kept saying I am all your and waiting for you. But then he suddenly disappeared and blocked all my and family phone numbers and all other sources to reach him. On 26th April 2015 I came to know from some sources that he is marrying another girl. Without giving me any clue he fixed his marraige with another girl while keeping promising me for marraige.

Can I file a case of cheating betrayal causing emotional and psychological trauma and loss against him.

Can I get an order from court to hold on his marraige with that other girl until he comes in open (as he is hiding away) and gave me explaination of why he cheated me and my family. Can I get any kind of legal help.

saravanan s (legal advisor)     04 May 2015

if you have proofs for the engagement done between you and him and the promise he made to you and your family then you can file a complaint against him in the police station

ananya   04 May 2015

Thank you saravanan sir. I have proofs of his love and marriage promises in the form of I have proofs in the form of chats, messages, emails, skype chats, number of phone calls, bills he paid on my behalf, gifts.... and of engagement in the form of photographs....

I came to know from some sources they are going to marry very soon and possibily he had done the engagement with other girl yesterday.

Can I get an order from court to hold on his marraige with that other girl until he comes in open (as he is hiding away) and gave me explaination of why he cheated me and my family.  ??

Dr J C Vashista (Advocate)     04 May 2015

@Ananaya,

Did your elders discuss the matter with them??

Did you have any physical relation with him?

You will agree marriage is by mutual consent and cannot be thrust upon, although he must be punished for keeping you waiting for such a long time after engagement, yet it is better to settle the matter amicably.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2015

What you should understand is that the boy in not worthy of marriage after all your narrations. You and your family should forget him and move ahead in life. If that untrustworthy boy had not married you, you should take it as a blessing in disguise. I do not think that you will be happy even if he marries you. Even at the age of 33 you may be able to get a good match. There are many women these days who marry late. Remember your present feelings are only temporary. If you take away your mind from the episode, you will soon forget and return to normal. Taking any kind of criminal or civil case against him will not only drag on for years but your emotional misery also will continue.

ananya   04 May 2015

Thanks Vashista Sir.

He and his parents are hiding from us. After much struggle once my parents and relatives caught them at their residence and they completely refused to get him married with me. 

Guy has never given me a clue that he his looking for other girls. I have asked him number of times if he is looking for other girls but he kept saying I should trust him and he is not doing any such thing. And then suddenly he disappeared and not coming out in open.

He is telling everybody that he has moved on ? How can he move on without informing me. He should have told me and discussed with me if he want to marry elsewhere. But he simply hide and break all connections to reach him.

My concern is he kept me engaged for so long. Earlier threatened me also for if I try to marry any other guy. I have grown my 5 years with him and am of age 33 now and have not seen any other guy because of him.

You are saying to settle it amicably. But how to do that when these people are hiding. They have blocked all our sources to reach them. I want to bring the guy infront of us and explain.

I also came to know he is getting married to that girl very soon. But as they are hiding we cant talk or discuss to them. Please suggest something to bring the guy face to face with me and my family.

No physical relations were there between us but a lot of emotional and psychological involvement.

T. Kalaiselvan, Advocate (Advocate)     06 May 2015

You can lodge a criminal complaint against him with the local police who will register a case u/s 417 of IPC and will take him into task.  If there was s*xual relationship between you both, an additional seciton for rape can also be filed against him.  If the police are inactive on your complaint, you can file a private complaintwith the judicial magistrate court u/s 156(3) cr.p.c. to direct the police to carry out investigation and register FIRagainst him under the relevant sections of law.   Consult a local lawyer and proceed.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

Act as per the advises of the above experts.

ananya   16 May 2015

Thanks Kalaiselvan Sir.

I came to know that he got marrided to that girl on 3rd May. It was their scheduled engagement on that day as told by a source and then that source said that they were scared of any action to be taken from me and my family, so they did marraige that day itself. Marraige was done in small family gathering and even their relatives and friends were not aware of it.

He is still hiding away. Not replying to any of my emails, blocked all our fone numbers, not picking our calls from any other numbers. 

Girls mother and sister told me that we have been successfull in breaking your relationship

Could I take any action against them now ? Please suggest. He has left me with such a pain for life and emotional trauma.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 May 2015

IPC- 417 gives only the punishment for cheating. It can be applied only if cheating is proven in the first instance. There are several sections on cheating in IPC. You will have to go to a lawyer, who will have to rake his brain to find out whether your case can fit into any of the sections. Then he will have to argue in the court and the judge will have to agree that you have been cheated. Cases in courts will be frustrating. It can take years and your ex-fiance would have so many children by that time. Were there any transactions in anticipation of marriage? Did you have physical relationship with him?

When two persons are in love, each will feel that the other person is sent by God to him/her. Not only films, even the poets of yore like Shakespeare,  Kalidasa, Harshavardhana and many others have euologised 'divine love'. Many murders and suicides also take place. But in practical terms a break-up can complicate matters only if one is married and have children. Otherwise it is an irrational feeling. If you break away your mind from that boy with determination, you can forget him in no time and return to normal. Dont't think you are  old. You will find a better person than that fellow and marry him.


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