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(Guest)

relationship

I was in a relationship with a married man 8 months ..I am divorced women...we both are in government jobs and he is an officer with whom I was in relationship with 8 months ..everytime he told me ..he loves me when I asked me u r using me for physical or have feelings..he always says he feels for me...but suddenly he tries to cut off..bcos of him I stucked and not able to move on...on the name of emotions he used me and enjoyed
physically with me...I was totally involved in relationship...but when one day he wife got to know and suddenly he blocked me from everywhere without giving any answer...now I want to file a case against him..can I file and what type of case..??
bcos he hurted me badly and m depressed badly feel like suicide and now he is normal...what type of case I can do..pls suggest???


Learning

 6 Replies

Anusha Singh   03 November 2021

As per your query it is understood that you need information regarding your relationship with a married man and what actions you can take against him.

You can file a FIR against him in your nearest police station for physical and mental harassment by way of cheating and putting false promises of marriage. In case he has made physical relation on fake promises of marriage then rape case can also be filed against him.

This false promise of marriage for obtaining consent for s*xual intercourse is considered as ‘misconception of fact’ within the meaning of Section 90 of Indian Penal Code, 1860. Thus, it is not considered as a valid consent in the eyes of the law and would be charged under Section 375 of the IPC. The second explanation of Section 375 of IPC provides punishment for rape if s*xual intercourse is done without victims’ consent. However, Indian Courts have started taking a different approach towards Section 375 and interpreted the term “consent” in a broader way. Various judgments passed by the court have interpreted ‘consent’ which violates certain basic principles of statutory interpretation. In certain cases, courts observed that every time, a man cannot be charged under Section 375 when he fails to marry a woman despite he made a promise. There is a need for the strict interpretation of statutes to hold an accused guilty under Section 375 of IPC.

But as you already knew about him being married and you gave consent of such s*xual intercourse it will be difficult for you to prove this in Court and this will be a very time consuming and lengthy procedure.

I will suggest you to not get into any such case.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Dr J C Vashista (Advocate)     03 November 2021

No case is made out for having relationship as it was consentual. 

1 Like

G.L.N. Prasad (Retired employee.)     03 November 2021

Never throw the blame on others, as you are equally responsible and you are mature and a public servant.  Forget him as there are several men like him in society, that are ready to exploit and manipulate any opportunity.  You can think how much the wife suffered because of your indulgence.  Do not try to wash dirty linen outside and do not expose yourself who may ridicule and affect you more than the present one.

1 Like

P. Venu (Advocate)     03 November 2021

Facts posted suggests no criminal offence. May be you can sue him in a civil court for damages. But such a litigation would be quite  a novelty in our country.

Mohammed Rizwan Shaikh (AM)     29 November 2021

Very rightly guided by the experts... 

Archana Pandey   25 January 2022

Dear Guest,

It felt sad about this.

Please be advised that since you have a mutual and voluntary relationship and you are also educated and well to do mature woman. So all these factors give a strong belief that all this happened through both of them consents. And you agreed to have been in intimate relationship despite of the fact that he is legal married. Thus, conscious and known relationship between both of you, will not charge as an any offence. However you may sue him for the damages he has done to you in Civil Court.


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