Civil Procedure Code (CPC)

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Manish Jain (Mktg)     12 September 2011

Case against a cheating girlfriend

Hello everyone,

First of all I am thankful to all those who would be reading my post/query and would be kind enough to comment/reply/advise me regarding it.

Well I understand that as per Indian law any guy who promises a girl for marriage and has a consensual s*xual relation under the false promise of marriage can be booked under the section for rape, as the girl is coxed under the promise of marriage and if the guy does not fulfill the promise the girl can file a case against him.

If the relation is very good and the girl finds out tht the guy is cheating on her and sleeping with other girls along with her and does not marry her and has used up her money etc for himself again the girl can file a case against the guy for raping her under false promise.

Now I would like to know, if in India as it is said tht the law is equal for all, be it rich or poor , male of female does it hold true?

Can a guy who has been in a relation with a girl for 6/7 years, spend a lot of money and has been promised by the girl that she will marry him, but the girl has been cheating on him, sleeping with another guy while she still slept with him and used his money, the guy has been honest to her all the time, file a case against her? If the guy has proof that the girl has been sleeping with some other guy and does not wish to marry him anymore but has made a fool out of him for 2 years when she was sleeping with two guys and still made him believe that she will marry him, can the guy file a case against her? same terms that a girl can file a case against a guy who has consensual s*x with her under the false promise of marriage?

Well the guy is me and I would like to know if I can file a case against my ex-girlfriend who has done all this for around 18 months and continued her relation with me, made me buy her things etc, made me believe that we are gona get married etc, in short made a complete joke out of me. Can I sue her for this and for the pyschological torture that she has subjected me to?

I know this is such a issue where 99% of people would say that you cant do anything and this is never heard of, but I have got all proof of her cheating etc, and a recording of her which says that I have not committed any sort of crime against her and that I have never tried to molest, rape of subjected her to any sort of torture.

Well I know Indian laws are inclined towards female but what about us guys who are nowdays are being cheated by their girlfriends a lot, some of us who truely believe in honesty and committment and our lives are destroyed because of our girlfriends. Isnt there any law to protect us guys? Are laws only made to protect girls?

I would really appreciate people who would be kind enough to have a look at my post and suggest or advise me regarding it. I need to do something so that scores of us guys, who get cheated by their girls, who lose their life, who have nothing and no one to help them , have a ruling or an example and then perhaps girls would take committment and honesty in a relation a bit more seriously.


I need to know, if I can file a case against my girlfriend for cheating and subjecting me to mental agony and destroying my life.


thanks



 73 Replies

Saurabh..V (Law Consultant)     12 September 2011

Now I would like to know, if in India as it is said tht the law is equal for all, be it rich or poor , male of female does it hold true?.

 

Depending on allegations and seriousness the case would be handled. If the allegations are serious and offence alleged is grave then everyone would support the complainant.

 

Can a guy who has been in a relation with a girl for 6/7 years, spend a lot of money and has been promised by the girl that she will marry him, but the girl has been cheating on him, sleeping with another guy while she still slept with him and used his money, the guy has been honest to her all the time, file a case against her? If the guy has proof that the girl has been sleeping with some other guy and does not wish to marry him anymore but has made a fool out of him for 2 years when she was sleeping with two guys and still made him believe that she will marry him, can the guy file a case against her? same terms that a girl can file a case against a guy who has consensual s*x with her under the false promise of marriage?

 

Certainly the answer is YES. This is criminal breach of trust by using the boy for pleasure as well as taking mnetary benefits in terms of money being spent on her.
 

 

Well the guy is me and I would like to know if I can file a case against my ex-girlfriend who has done all this for around 18 months and continued her relation with me, made me buy her things etc, made me believe that we are gona get married etc, in short made a complete joke out of me. Can I sue her for this and for the pyschological torture that she has subjected me to?

Yes.

 

Well I know Indian laws are inclined towards female but what about us guys who are nowdays are being cheated by their girlfriends a lot, some of us who truely believe in honesty and committment and our lives are destroyed because of our girlfriends. Isnt there any law to protect us guys? Are laws only made to protect girls?

 

While she could be booked under S.406IPC & S.417IPC, still she easily escapes the clutches of law for the offence of rape because according to our law a female cannot rape a man. How rubbish! I personally feel such implied rapes should be gender neutral. But as of now there is no such provision.

 

I need to know, if I can file a case against my girlfriend for cheating and subjecting me to mental agony and destroying my life.


Yes.

 

If you need further advice please let me know your specific questions. I would be here to help you.

 

//peace

/Saurabh..V

1 Like

kartheek (cse)     13 September 2011

Hi everyone,my name is kartheek kampalli I was cheted by a girl in the name of love and marriage,

she was in love with me for 4 years, she made my parents also to wait.

But after 4 years now she is going to marry othery guy,she didnt allow me to talk to their parents also,i have some proofs like photos, emails and some of my friends.

Now i want to file a case against her, you may feel i am selfish but the truth is i too accepted her decision, i only asked her to be in contact with me atleast on phone. but she refused everything and avoiding.

With out any mistake on part me, she is not at all showing concern.

Please help me to proceed legally. she may or may not marry me after i file a case. but i want justice.

kartheek (cse)     13 September 2011

 

I was cheted by a girl in the name of love and marriage,

she was in love with me for 4 years, she made my parents also to wait.

But after 4 years now she is going to marry othery guy,she didnt allow me to talk to their parents also,i have some proofs like photos, emails and some of my friends.

Now i want to file a case against her, you may feel i am selfish but the truth is i too accepted her decision, i only asked her to be in contact with me atleast on phone. but she refused everything and avoiding.she stayed with me in my flat for 3 months and i even have all the luggage of her as proof.She induced me for physical contact and we had almost 3 years of physical contacts, As i dont want to get her pregnancy till marriage happens i didnt took full chance even though she induced me. i my self warned her not to behave foolish, everything goes good and our marriage will happen.

But atlast she made me fool by leaving me, there is no property type of things named on her for marriage. we had physical contacts in deep except making her pregnant. I have all the photos, emails, mobile bills even i had the photos taken with my family members. To prove the physical contact i only have to proofs like Credit card bill used when we both spent in resort and in worst case the proof i can explain is about her physical structure etc.

Her parents dont know all these things, now she changed her number and not allowing me to talk to her parents, if they come to know all these thing defenately our marriage will happen, even still she likes me but afraid of situations.

If a girl can file a case in such situations why not a boy can do that? why is this uneqal law?

The above are the situations, Pls suggest me some thing to do. Pls apologise if spoken any t

With out any mistake on part me, she is not at all showing concern.

Please help me to proceed legally. she may or may not marry me after i file a case. but i want justice.

kartheek (cse)     13 September 2011

please reply to my email kartheek.1716@yahoo.com

Manish Jain (Mktg)     13 September 2011

Dear Saurabh,

I am thanking you from the bottom of my heart for the reply and comments you have given on my post, I actually feel a bit confident that as a male we do have some laws which do protect us in this society where everylaw is inclined towards protection of the fairer s*x.

Anyways, I really want to thank you for the positive response you have given me regarding this matter, I am seriously contemplating to file a case against my ex-girlfriend but would be waiting for more positive responses from other people, you know guys have always suffered because of the kind of laws which are made to benefit the fairer s*x and perhaps since women earlier have been suffering a lot because of guys we today have such a pyschological effect in relation to cases like mine where majority of people would say that the guy has not gone through any trouble and hence cannot do anything, whereas I feel the law should be made to protect both the male or the female who ever has been wronged.


I want to file a case against my ex-girlfriend and would be thankful if you can suggest me the process, I also want other people to share their knowledge and wisdom regarding my case.

Once again, Saurabh I really am thankful to you for giving me some hope.

thanks..

Manish Jain (Mktg)     16 September 2011

Hi Saurabh,

I need to take further guidance on this issue and want to appraise you and others about few more things. I tried reconciling with my ex-girlfriend but since she was already in a relationship and was physical with this other guy she dint say yes. I came to know abt all this around a year and a half after we officially broke up, the timeline is as follows-

my relation with her was from 2003-2009/ jan 2010 breakup(approx) and she was involved with the other guy from second/third quarter of 2008 till present. I was kept in dark and was cheated from 2008( second/third quarter) till 2009 end after which she told me that she wants to end the relation with me since things are not going well, she did not inform me that she already has a boyfriend and tht she ws using me for this all time. Also one more thing, she in 2006 had another relation with some guy over internet and they became quite close for around 2/3 months, but she informed me about them and then she broke up with this guy and came back to me, but again in 2008 she cheated me.

I have few recordings of her voice which I took recently out of my fear that she would put up false charges against me as I was asking her to meet me and answer all my questions and I called up a lot and msged her a lot regarding the same. However at no point I forced her to do anything which is indecent or which is against law. The voice recording of her I made was to make sure that nothing false from her side can be used against me if I file a case against her, she has clearly said in those recording that I have never ever hit her, or forced her to do anything s*xual against her wish, and that everything between us, the s*xual relation, videos, photos etc was done with mutual consent.

Is this voice recording good enough if she decides to lodge in a false complaint against me as my proof that I havent done anything forcefully? because I am sure if I decide to go ahead and lodge in a complain and file a case against her, she will be guided by that guy or her parents to file a false complain/case against me. Will the voice recordings be good enough to get me out of the false complaints?

I have met with her boyfriend and told him abt all this, I met her mother and told everything which her daughter has been doing, sleeping with two guys etc, but she took it quite well because I think my ex-girl had already made up a story putting me in the negative aspect and hence she dint react much. Now I am thinking of telling her father everything and showing him our photos and apraising him of the entire sh*t which her daughter has done, will this affect negatively in any way against me if I file a case of cheating , fraud and maybe rape on her???????

She has a real bad character and I have come to know about it recently  and I can prove that as her once best friend knows everything about her and recently when I spoke to her what my girl has done, she told me a lot about how she was , how she cheated on me earlier and how she lied, her office guy who she has kept on loop, and how she has been playing with 3/4 guys at same time. Now please advise if I can prove with witness and other emails photos etc that her character is not good and I dint knew about it earlier and she has fooled  me under the promise of getting married and she kept all these things hidden from me and used me for money, s*x and her fun, will I be able to put up a strong case against her?

One more thing, should I take a written statement from her that I have never hit her, or made her to do anything forcefully and that I have never exploited her s*xually or tried to molest/rape her till now???? I know it would be difficult to get a signed statement from her for this, but I can try or will the recording be enough in which she has agreed that I have never done anything to her against her wish and that till now I havent done anything un-lawful to her??? Please advise, as before I fix up my mind to file a case against her, I need to know for what all she can falsely accuse me of . Also please tell me what counter claims/ false claims can she put on me and for which I will arrange proper evidence before she gets a chance to accuse of of something which I havent done.

I need to also know, if proved that she is of bad character, and that she has cheated me for money , s*x and her fun under false promise of marriage, what kind of punishement she will get? Can I ask the court of law to jail her, as a guy gets jailed for the same?

Also because of her cheating in 2006, I couldnt continue working with my father as it had pyschologically affected me as she made me believe that since I gave more time to my work she went to that guy, this has made me loose such precious time and till date I havent been able to work, I have become more angry, frustated, depressed etc, does all this be used against her in the court of law? as her cheating has negatively affected my growth ???

Pls advise.

rgds

Manish

Manish Jain (Mktg)     16 September 2011

Hi Saurabh,

Sorry to post so much so soon to you and others, I really need help from you and others.

How exactly can S.406 and 417 of IPC be used in here against my girlfriend

I have absolutely no knowledge about law or any other aspect related to law so pls do pardon me for this question.

As per my search for the following sections

S.417 of IPC is as follows
Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both

S.406 of IPC is as follows
Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both

Now how does this apply to relationship and that too with my girlfriend, we have not married...does the Indian law have provisions for unmarried people who have been cheated by their partner? especially guys?

thanks

rgds

manish

Manish Jain (Mktg)     04 October 2011

Hello Guys..... M waiting for your adivce and comments, I understand this case / situation is of no interest to you all and I also know how Indian laws discriminate against guys in such situations, however even if there is a 10% chance for me to proceed with leagal suite against my ex-girlfriend I would like to take a chance. So Pls advice me ....

 

tks..

viren256 (student)     07 October 2011

The answer is no. Ill explain below my thinking which might not be right or it might be .Im talking from a law point of view.

What you and your x-girlfriend have decided is a personal contract between the both of youll... look at Section 13,15,15 of the Specific relief act which talks about contracts which are not enforceable and i think it falls under this. Also look at Section 23 of the Indian Contract Act which talks about fraud and whether what your x girlfriend has promised you amounts to a contract..

 

 

 

26. Agreement in restraint of marriage, void-

 

 

 

The law  says that "Every agreement in restraint of the marriage of any person, other than a minor, is void "

 

( it means that you cannot ask someone to get married and thats the end of the story. It means that he/she will not have freedom and cannot marry someone else).Therefore if youll decided to get married and she walks away you cannot prevent her from doing so.It will be hit by section 26 of the Indian Contract act.


The only remedy you have for personal cointracts is to file for damages


This is just a guideline for you and in no way is the correct position in law.Please find out yourself and apprioach a lawyer in this regard

viren256 (student)     07 October 2011

You cannot file for rape because the both of youll do not fall under the definition of rape under the Indian Penal Code.Please Section 375 below

Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following de­scripttions:— First.— Against her will.

Secondly.—Without her consent.

Thirdly.— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

Fifthly.— With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly.— With or without her consent, when she is under sixteen years of age.

Explanation Penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape. Exception.—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Sudhir Kumar (Dy Director)     16 December 2012

if in India as it is said tht the law is equal for all, be it rich or poor , male of female does it hold true?

 

Ans : No. Constitution allows protective discrimination.

Can a guy who has been in a relation with a girl for 6/7 years, spend a lot of money and has been promised by the girl that she will marry him, but the girl has been cheating on him, sleeping with another guy while she still slept with him and used his money, the guy has been honest to her all the time, file a case against her?

Ans ; Mr Viren already replied that such agreement is void.

 

If the guy has proof that the girl has been sleeping with some other guy and does not wish to marry him anymore but has made a fool out of him for 2 years when she was sleeping with two guys and still made him believe that she will marry him, can the guy file a case against her?

Ans : What case you want to file what relief you want to seek from court or simply  harassement is your aim.

 

same terms that a girl can file a case against a guy who has consensual s*x with her under the false promise of marriage?

Ans : She will do so the moment you trouble her.

Well the guy is me and I would like to know if I can file a case against my ex-girlfriend who has done all this for around 18 months and continued her relation with me, made me buy her things etc, made me believe that we are gona get married etc, in short made a complete joke out of me. Can I sue her for this and for the pyschological torture that she has subjected me to?

Ans : What relief you want from court. Court cannot direct her to marry you.


Well I know Indian laws are inclined towards female but what about us guys who are nowdays are being cheated by their girlfriends a lot, some of us who truely believe in honesty and committment and our lives are destroyed because of our girlfriends. Isnt there any law to protect us guys?

 

Ans : In India not.

 

Are laws only made to protect girls?

Ans ; Even cheated girl cannot get order against the boy directing him to marry her.

 


I need to know, if I can file a case against my girlfriend for cheating and subjecting me to mental agony and destroying my life.

 

Ans : Yes you can enhance you mentalagony by filingcase.

 

2 Like

prijin (test)     28 February 2013

Hi,

Me too have the same experience from my girl friend. Cheated me after having 5.5yr long relation. She told her parents like am threating her and when my parents approached her parents abused us. I tried to contact her so many times,, they abused me too..No they are going to file a case against me in cyber cell like am disturbing their daughter. Before that i want to do something against that..Is teher any chance for me to file a cse against her.Need urgent replie..You can replie to my mail id prijinjoy@gmail.com

Sudhir Kumar (Dy Director)     28 February 2013

Yes you can enhance you mental agony by filingcase.

 

But how did it happen? Where are you guilty?

prijin (test)     01 March 2013

i called them so many times..thats the issue


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