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Can I file FIR against a person cheating after promise of marriage


04-Apr-2023 (In Criminal Law)
I am in relationship with a person who is married but does not have good relations with his wife. He is promising of getting married after divorcing his wife. But she is not ready for divorce. We are having sexual relations intermittently and are in continuous touch. Now he has purchased a good house at his home town so that his wife can go & stay there after divorce. but since she is not agreeing, things are getting in circles. Meanwhile, he has to go to abroad to attend some conference officially. But, since his wife has all the doubts on him; she is also insisting on accompanying him. He says, it is ok and is not going to have any impact on our relationship. However, i am not convinced and am doubting about his intentions. He has never said he won't marry me. He will, but only after divorcing his wife. I am confused. Pl. guide me if I can take any legal action against him, or force him for not delaying our marriage anymore. I have many photographs and hotel bills as a proof.
Answers (4)

Answer #1
657 votes
Yes, you can file a fir against him but as you already know that he is married and if you are not Muslim and belongs to other religions, second marriage is not permissible in law without breaking first marriage so fir will not maintable in law and liable to quash.
Answer #2
839 votes
Since both of you are major and mature enough to know the consequences of having relationship knowing fully well that the man is already married and he has a living wife to whom he has yet not divorced. He had neither concealed any fact from you nor had attempted to cheat you. I, therefore, apprehend that you may not be able to get any relief through the due process of law unless the man divorce his wife. Though you are free to file complaint against the man but getting final relief as anticipated/expected by you may not be available to you.
Answer #3
877 votes
Though your case comes under the preview of consensual relationship but you have got the ground of taking the consent for making relationship on the pretext of marrying you , you can file a case under 376 category . Legally you cannot force him to take divorce or not to delay .
Answer #4
960 votes
Madam you committed a blunder by making relationship with a married person. Without divorce marriage will be nullity. Now you can take legal advice by having a meeting to institute criminal proceedings against him

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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