can i file cheating case on my wife?

301 votes

Your factual matrix does not reveal the offence of cheating as per the criminal ingredients for cheating under Section 420, Indian Penal Code, 1860 (IPC) nor can we file a case under Section 497, IPC as it has been decriminalised by the Hon'ble Supreme Court in the case of Joseph Shine v. Union of India (2018).

However, you can take the following steps proceeding further:
 

1. Apply for Anticipatory Bail: You should apply for anticipatory bail before the concerned Sessions Court or the Hon'ble High Court so that you may be granted bail in the event of your arrest.

2. File an FIR against your complainant-wife for the offence of theft and false prosecution: You may choose to file an FIR under Sections 379, 182 and 211 Indian Penal Code, 1860("IPC") against the complainant who has committed theft and is falsely prosecuting you.
   -  Section 379 - Theft: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. If a person is found guilty of theft under Section 379 of the IPC, they can be punished with imprisonment for a term that may extend to three years, or with a fine, or with both.
   -  Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
   -  Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
    

LawRato LawRato

963 votes

Cheating case will not stand. At the most you can file adultry, but you have to prove with photos, videos, voice recordings, etc that she is having illegal relationship with his paramour. Regarding 20 tolas gold, she can claim that they are his own ornaments.

Do not frustrate, defend the cases of 498A, you will come out of the case.

Advocate Ravinder Pasula LawRato

572 votes

Do u have the evidence of what she did with you if you have the proof then only u can as every allegation need to be proved.
It will be better to consult with complete details so that u may get a better solution to proceed further.

Advocate Khaleel Ahmed Khan LawRato

902 votes

Hi
you can file a case under section 497 on the guy who eloped with your wife.
You can also file a cheating case on your wife under section 420 if you can convince the police / court that she took away 20 tula's of gold along with her prior to she eloping with the guy.

Advocate Rajagopalan LawRato

842 votes

Dear..
Just tell me the brief when u married and when she eloped and with whom and is there any photographs of both and written msg etc.to proove her character like she cheated u and receipt of gold of 20tolas as u said then only u can file

Advocate Ravi Bheemsingh Chawan LawRato

448 votes

In India, filing a cheating case against one's spouse, whether it's the husband or wife, can be a complex legal matter. Here are some key points to consider:

1. No Specific Law on Cheating in Marital Relationships: Indian law does not specifically define cheating or adultery within the context of a marital relationship. Section 415 of the Indian Penal Code (IPC) defines "cheating" but doesn't address spousal relationships.
2. Adultery Laws: While adultery was considered a criminal offense in the past, the Supreme Court of India decriminalized it in 2018. Adultery is no longer a criminal offense, but it can still be cited as a ground for divorce.
3. Divorce Based on Adultery: If a spouse believes that their partner is cheating, they can file for divorce on the grounds of adultery. However, proving adultery can be challenging, and it's essential to consult with a legal expert for proper guidance.
4. Legal Action for Other Issues: If a spouse faces other forms of wrongdoing, such as cruelty or mental harassment, they can consider filing legal cases based on these grounds.
5. Family Law Expertise: It is advisable to consult with a family law attorney who can assess the specific circumstances and provide guidance on the appropriate legal action to take.
6. Mutual Consent Divorce: In some cases, spouses may opt for a mutual consent divorce, where both parties agree to end the marriage amicably without citing specific grounds like adultery.

In summary, while there is no specific law for filing a cheating case against a spouse in India, adultery can be cited as a ground for divorce. Legal action should be pursued with the guidance of a qualified family law attorney who can provide advice based on the individual circumstances of the case.

Advocate Chikirsha Mohanty LawRato

146 votes

According to Section 415 (IPC), 'cheating' is defined as deceiving a person and convincing them to give up property or consent to it being retained by another person. This definition does not apply to a marriage based on mutual respect.

Advocate Chikirsha Mohanty LawRato