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What to do if fraud has been done with me

A man first made physical relations without my consent forcibly and after that he said that he did it because this is what happens on first night with wife and thereafter indulged in such activities after promising the marriage and callings me as his wife and suddenly after 2 years of such things one day he got engaged to someone else and kept on lying to me that he'll only get married to me now that I've come to know that he is engaged and lying to me he says he never intended to get married to me and just wanted to have fun

Answers (4)

You can file a criminal complaint for cheating and fraud against the person and also impose charges of rape. There are judgments of the Hon'ble Supreme Court saying that getting physical with a woman and promising her of marrying her amounts to an offence.

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You may file a complaint against him in police station refraining him from causing any harm to you in future. Here the alleged offence would attract only Section 420 (cheating) of the IPC. You may file a case against him under Section 376 (rape) of IPC for having sexual intercourse without consent on the false promise of marriage but it is very difficult for you to prove the charge. You may also file a case against him under sections 506 (criminal intimidation) in case of blackmail.

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Mam in this case you can file FIR for rape against that person and you have to take an action and demand your right. In your FIR you have to mention about physical and y abuse and your physical relationship on the promise of marriage.

That is rape and not fraud.

Basically, there is a difference between rape and consensual sex and in a case of pretext of marriage, the court must very carefully examine whether the accused had actually wanted to marry the victim, or had malafide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception.

Another Supreme Court judgement[2], where it was held that ‘There is a distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false promise of marriage by the accused; and whether the consent involved was given after wholly, understanding the nature and consequences of sexual indulgence. There may be a case where the victim agrees to have sexual intercourse on account of her love and passion for the accused, and not solely on account of mis-representation made to her by the accused, or where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, was unable to marry her, despite having every intention to do so. Such cases must be treated differently. An accused can be convicted for rape ONLY if the court reaches a conclusion that the intention of the accused was malafide, and that he had clandestine motives.’

You need to register FIR against the person. But you do need to show strong proof that he had sex with you on pretext that he will marry you.

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