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can i file a case against my boyfriend for cheating?


04-Jul-2024 (In Criminal Law)
I was in a relationship with a boy for four and a half years. He promised to marry me, and I spent all my money on him since he was jobless. For three years, we lived together and were physically involved. However, without informing me, he got married to another girl. When I found out, he continued to talk to me as if everything was normal and denied getting married when I confronted him. I informed his family, and his father threatened that he would die if I interfered in his son's life. Now, he claims that he unknowingly ruined my life and says he can't marry me because he is legally married to someone else. He told me to go and seek help wherever I want. I am currently staying in Bangalore, while he resides in Pondicherry. Please advise me on the legal actions I can take against him to hold him accountable for using and discarding me in such a manner. How to file a case against cheating boyfriend?
Answers (6)

Preserve all evidence (messages, photos, witnesses), then file a police complaint and civil protection/maintenance proceedings: criminally you can seek FIR/charges under the new penal code for sexual intercourse or cohabitation obtained by deceit and for bigamy/cheating -see Bharatiya Nyaya Sanhita (Sections 69, 81, 82 and cheating Section 318). [https://www.indiacode.nic.in/handle/123456789/21420'view_type=browse]. Procedure for arrest/investigation follows the Bharatiya Nagarik Suraksha Sanhita (BNSS). [https://www.indiacode.nic.in/handle/123456789/21396'locale=en]. Preserve electronic proof for admissibility under the Bharatiya Sakshya Adhiniyam (BSA). [https://www.indiacode.nic.in/handle/123456789/20063'view_type=browse]. Independently, file a petition under the Protection of Women from Domestic Violence Act, 2005 for protection orders, residence/maintenance and compensation (DV Act text). [https://indiacode.nic.in/bitstream/123456789/2021/1/200543.pdf]. Supreme Court precedents guide live'in/DV claims: D. Velusamy v. D. Patchaiammal (tests when a live'in relationship counts as 'in the nature of marriage') and Indra Sarma v. V.K.V. Sarma (limits/exceptions). [https://legalvidhiya.com/d-velusamy-vs-d-patchaiammal/] [https://recordoflaw.in/indra-sarma-v-v-k-v-sarma/]. Next practical steps: (1) take preserved evidence to a local police station and demand registration of FIR (or approach the Protection Officer/mahila thana and file a DV complaint), (2) consult a criminal/family lawyer to draft the FIR and a DV petition, and (3) seek interim relief (protection/maintenance) from the magistrate.

Answer #1
471 votes

In India, there is no specific law that governs live-in relationships, but the Supreme Court of India has recognized the concept of live-in relationships and given certain rights and protections to women in such relationships.

If a man in a live-in relationship marries someone else without ending his previous relationship, the girl in the live-in relationship may have several legal remedies available to her, depending on the facts and circumstances of the case.�

  1. Protection of Women from Domestic Violence Act, 2005: The girl can file a complaint under the Protection of Women from Domestic Violence Act, 2005, which provides protection to women in a marriage or a relationship in the nature of marriage from physical, emotional, sexual, verbal, and economic abuse. The girl can seek protection, maintenance, and monetary relief from the man under this Act.

  2. Section 125 of the Code of Criminal Procedure, 1973: The girl can file a petition under Section 125 of the Code of Criminal Procedure, 1973, for maintenance from the man. The girl can claim maintenance from the man even if they were not legally married.�

  3. Criminal charges under Indian Penal Code, 1860: If the man has cheated or committed fraud against the girl by concealing his intention to marry someone else while being in a live-in relationship, the girl can file a criminal complaint against the man under Section 415 (Cheating), 420 (Cheating and dishonestly inducing delivery of property), 376 (Rape) of IPC.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
574 votes
You can not marry him as he has already legally married. But you seem to be having all the proof for having lived/stayed together. You can lodge a police complaint against him. But your complaint should show that you only now learned of his having married. So write the complaint carefully, if required take my help with it.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

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Answer #3
769 votes
Hi, Consult and discuss briefly and get relief. The recent Supreme Court has said very clearly, that if living together is also treated as married couples, kindly consult and file a suit in Bengaluru and get him from Pondicherry or another place. Teach him a lesson.
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Advocate Sharanagouda S. Patil

Adv. Sharanagouda S. Patil

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Answer #4
558 votes
The story-like facts you have narrated do not disclose what evidence you have to establish that you lived together as husband and wife on his promise. Did anybody notice that you lived together, and at what address—whether in a rented house, etc.? The act of your boyfriend is an offence punishable under the Indian Penal Code. Approach an advocate of your choice with full details. Cross-check with other sources. Thereafter, choose to take action as permitted under the law. The law always helps those who have been deprived of their rights. Be confident. Good luck.
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Advocate Chandraiah

Adv. Chandraiah

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Answer #5
507 votes
There is no question of teaching lessons to anyone - you can only fight for the injustice caused to you - you can go to the police station with all the evidence that you have to show that he was in a relationship with you and file a complaint --- Advocate C V Srinivasa.
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Answer #6
542 votes

Dear Madam,
Yes, there are remedies and your rights are protected by law, but they require legal action and determined effort. If you have the will and courage, justice is not far from you, and the wrongdoers will have to face consequences. Think it over, and then you may contact: Adv. Pankaj Kumar & Associates.

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Advocate Pankaj Kumar

Adv. Pankaj Kumar

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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