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R Mohanty ( )     20 May 2016

Filed a case against gf

I was cheated on the pretext of marriage to the tune of Rs. 6,00,000. Being in the relationship for near about 5 years (changing my career decisions, fulfilling their every need), I was emotionally devastated by their betrayal. I had also attempted to commit suicide as she said me to do so. With a steady support from my family & friends, it took me a year to recover to normalcy after this incident.  

I had all the bank statements (as proof of transfer of money) to her & her family member's accounts, photos, messages by her (about commitment of marriage, expression of love & telling me to die), messages by her family (asking for various obligations), call details (proof of years of contact between both families), medical report (where I was admitted in the I.C.U) & several witnesses.

After reading several forums & opinions I decided to file a case. Based upon the evidences, the following sections were filed against her & her family: 306,323,384,406,419,417,426,506 & 508.

Currently the witnesses are being scrutinized. But with passage of time am starting to lose confidence whether the case will be admitted & they will be summoned. Even after submitting concrete evidences all I am getting is negative responses (That laws are in favour of women, if she files a false complaint then I have to apply for bail) from the police as well as the judicial system. There are a total of three witnesses. The last one has not been called yet. After hearing the first two witnesses, the honourable magistrate is suggesting that we opt for counselling (In presense of Magistrates). I have no idea what that means.  

I need to know whether this type of case has ever been filed by a guy in India ? If yes, where can I get the references. Did I do the right thing by seeking justice from the judicial system of India? Awaiting all opinions & replies....



Learning

 16 Replies

Pawan S (06292021602) (Advocate)     21 May 2016

It’s a futile exercise.

1 Like

R Mohanty ( )     21 May 2016

Thanks Ekta Maam for your valued opnion. I would like to know the reasons (Legal Aspects) why this would be a futile effort??

And Maam I took the decision of filing a case after 1 year in a saner state of mind as all other options of moving on had been shut down. It will take a long time to explain all details so on a short note I would like say that for a new beginning I will have to leave my hometown. All I am surviving for now is my family & friends. Where will I go by leaving them behind ??

SAINATH DEVALLA (LEGAL CONSULTANT)     21 May 2016

Dear Rajesh,

We always forget the proverb "LOOK BEFORE U LEAP".Spending over 6L and a relationship lasting 5yrs comming to a breakdown,either intentionally or turning sour during that period naturally devastates the life of the of one party.

Whatever the reasons may be for the breakup,I don't think U will be benifitted at this stage legally.Not that the laws are women oriented,but it is difficult for U to prove all those things in the court of law.U will only be inviting more legal complications from her in future.Moreover U have involved too many sections in UR complaint.

As far as I know U have only two options.(1) either forget everything as a bad dream andstart a new life or (2) go for a compromise with her and extract whatever money U can.

1 Like

R Mohanty ( )     22 May 2016

Dear Sainath Sir,

Thanks for your valued reply. I had closely seen many a break-ups before I got into a relationship but never ever I had seen or heard my kind of situation & in a particular taste of irony about 60% of the total amount was spent making her career in LAW!!! I had tried option (2) but she & her mother accused me of threatening & extortion in front of a group of people. I only had a plain conversation but they projected it with a spicy angle!! 

I do agree that Indian Laws are not women oriented because I have personally seen two different scenarios where women have filed a genuine complaint but their cases are being prolonged for the last four years whereas false cases are being entertained swiftly & with enthusiasm. So I think justice lies in presentation & drama.

Regarding the sections filed, I had given every written proof, snapshots of SMSes, bank statements etc. I had to four people (which includes my family & friends). They had an extensive discussion with a lawyer and after 3-4 days they concluded that these sections will be admissible. As far as my knowledge is concerned, I assume that I have concrete evidences for sections 306,323,384,406,417. Anyways I have resigned from my job & applied for admission in a law college so I hope I will be getting a clear view within the next three years.  

The only benefit I have gotten by entangling myself legally is a firm determination to start a new life and career. And depending upon what the legal system has to offer me I was thinking about progressing my career likewise.   

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

My above reply was in the general context.90% similar cases are being witnessed for the past 10 yrs.Fault could be with either of the parties.

If U are confident that U can teach her a lesson of her lifetime with the authentic evidences available with U its good.

Urself joing law is a welcome gesture,but don't do so for the sake of teaching her a lesson.U will be wasting UR valuable time and money.

R Mohanty ( )     22 May 2016

Sir, its not that I have decided to make my career in Law solely for her. I have very less tolerance against injustice & I am utterly fed up with ongoing system.

I am directly involved in evidence gathering in the two cases I mentioned in my previous reply. Both the cases are filed by women.

One is a very genuine case where the husband has commited bigamy. The woman was granted divorce within a year of marriage but the alimony was fixed for around Rs.6000 per month as a result of a forged salary slip deposited by the husband (his actual earning is Rs. 1,80,000 per month) & the best thing is that he has not paid a single penny since the last six years even after being directed by the court. The women whereas is living with her parents and brothers, giving tuitions to kids & using her entire earnings running from pillar to post and fighting her case.

In the second case, a couple were legally married for 8 years and were living together for 5 years without a traditional marriage. The woman found out a better option after 8 years and filed a case for nullifying the marriage. A summon was sent to the guy based upon just a statement by the woman that on the fateful day of marriage the man had deceivingly told her that the marriage registration office was a employment exchange and she would a get a job by going in and signing some papers. A standing ovation to this creative idea. 

I am trying to post snapshots of both the case documents soon and it will be hilarious as well as pitiful. Anyone with a brain stem can tell right from wrong in these cases. I am wondering where the system is headed to?? But am sure that if no one will take initiative to stand up against such mockery many a educated persons will turn towards the path of crime. 

Sudhir Kumar, Advocate (Advocate)     22 May 2016

you spent a lot o fmoney on what promise?

1 Like

R Mohanty ( )     22 May 2016

Dear Sudhir Sir,

As we were to get married, I fulfilled each and every wish of her and her family. Now I am considering myself to be a fool but at that time I thought I was just doing my responsibility. For example she wanted to opt for higher studies after graduation and she told me. I discussed it with her Mother and did all that was was necessary as they could not afford it. I carried out my duties as a husband in the literal sense. After getting into the college, she told me that she is feeling inferior because of a lower-end mobile set and wanted a good one. I did as I was told. 

About 70% of the conversations are through SMSes and Whatsapp (as I used to be in office) and they are quite descripttive {For example: She wrote to me that what will people say that ****'s (my nickname) wife is using such a cheap mobile phone}. I am not able to write more examples as it still pains a lot.

I was sure that I would win this case as I have a habit of doing every transaction online and backing up every data (Be it either cellphone or Desktop) on a cloud server. But after filing the case I am just glad that I am able to present my sufferings otherwise nobody in this world would have believed or understand as to why I am seeking legal help.     

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

Dear Rajesh,

U have been sufficiently assisted earlier and now its time U better consult and rely on a good,efficient local lawyer for further course of legal defence and action.

R Mohanty ( )     22 May 2016

Dear Sainath Sir,

After hearing the first two witnesses the honourable magistrate is suggesting that we opt for counselling (Involving both parties and in presense of Magistrates) to avoid any false accusations from her side. Can you please let me know what is the difference between being called for a normal trial and being called for counselling??  

Sudhir Kumar, Advocate (Advocate)     22 May 2016

You said

 

"As we were to get married"

 

I was expecting this reply.  If you have spent aq lot of money on her on the promoise of marraig ethat doe snot mean that you purchased her. you  know such expectation is illegal.

She is under no (just no) obligation to get married to you even on the last day of marriage.

 

You seem to be headfast to apoil your life.  You have a right to spoil it is your life.

 

All that the girl and her family has to do is to put 2-3 true/false criminal cases on you and you are no more fraustration.

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

A painful and a sincere reply from Sr Expert Sudheerji.Nothing more to add in the legal context,as the query is getting extended despite the querist received good suggestions more than his appetite.

1 Like

R Mohanty ( )     22 May 2016

Quite open & sincere views indeed Sainath Sir. Was already expecting this as I had read the opinions of Sudhir Sir in previous threads.

But I have never mentioned that I am expecting to marry her. And I am well aware of the fact that she is under no obligation to marry me as such clauses do not exist for men in the IPC and most importantly neither do I want it.  

On a concluding note, I just needed honest views and am glad that I got it.

Sudhir Kumar, Advocate (Advocate)     22 May 2016

why should you be increasing your miseries after having lost so much?


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