“Legal Advice Regarding Relationship Dispute, False Allegations, Financial Transactions, Defamation & Police Complaint”

Question

► I was in a relationship with Monika for some time. We were emotionally involved and discussed our future. I wanted a long-term relationship and marriage, but I never intended to force or compel her to marry me. During the relationship, I spent money on her and related expenses, including around ₹10,000 on one occasion/month. Some payments were made in cash and there is no written agreement or written marriage promise. Later, I discovered that she was communicating with other men. After I confronted her, our relationship deteriorated and she allegedly started saying that I wanted to force her into marriage. These allegations were also allegedly communicated to people in my locality, affecting my reputation. Her family subsequently became involved, and according to me, some family members came to my house and threatened/confronted my family. There is now a police complaint/application against me. As far as I know, no FIR has yet been registered. I also contacted another man who was communicating with Monika and told him to stay away from the matter; he refused and said he would only discuss it at the police station. I want advice on: (1) my legal position and possible offences alleged against me; (2) what I should do if police call me; (3) whether I can attend with a lawyer; (4) whether my calls/messages could be used against me; (5) whether money spent through deception can legally be recovered; (6) remedies for false allegations/defamation; (7) remedies regarding threats by her family; (8) whether I should make a counter-complaint or written representation; (9) what evidence I should preserve, including chats, calls, payments and witnesses; and (10) what actions I should avoid to prevent further legal complications. Please advise me under the current BNS, BNSS and Bharatiya Sakshya Adhiniyam, based on these facts and the evidence available.

Answer 1

Dear Client,

In relation to your possible exposure, a mere failure of a relationship or subsequent refusal to marry does not by itself establish criminal liability. If the allegations involve obtaining sexual relations through deceitful means, the applicability of Section 69 BNS would depend on whether its statutory ingredients, including the alleged deceitful means, are established by the evidence, as you have made a claim of a true intention to marry and this would be pertinent to the case as long as it was proven.

As defamation can be brought under Section 356 BNS, the fact is that her allegations made to the people of your community could also constitute defamation. If the police contact you, you may attend with a lawyer because you have a right to see an advocate when being questioned, but not throughout the entire process. Your communications like messages can be used against you and therefore it would be better if you saved them rather than deleting them.

Money spent voluntarily during a relationship is generally not recoverable as such, unless specific payments were induced by a proven false representation amounting to cheating under Section 318 BNS With regards to the threats made by the family, there are legal grounds for filing a case for criminal intimidation under Section 351 BNS and trespass if they entered your property without your consent. Preserve all chats, payment records, and witness details of the confrontation. It would be prudent to avoid further direct contact with the other man, Monika, or her family concerning the dispute, particularly where communications could be interpreted as threats, coercion or intimidation.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Answer 2

Dear Client,

Firstly, as no FIR is currently registered, the matter is at the enquiry stage and depending on the alleged offences, the police may conduct a preliminary enquiry under Section 173(3) BNSS before deciding whether to register an FIR. A broken consensual relationship does not constitute deceitful marriage promises (Section 69 BNS) or stalking. If police issue an appearance notice under Section 35 BNSS, attend alongside an advocate, as you have a statutory right to legal counsel under Section 30 BNSS. Submit a written statement explaining the timeline of consensual history, the peaceful breakup, and your explicit denial of any coercion.

Secondly, preserve all WhatsApp chats, call logs, bank statements, and home CCTV footage, which are admissible under Sections 61 and 63 of the Bharatiya Sakshya Adhiniyam. More importantly, immediately cease all contact with Monika, her family, and the third-party male, as further communications will be used to allege stalking (Section 78 BNS) or intimidation (Section 351 BNS). Money spent willingly during a relationship is legally treated as a gift and cannot be recovered without explicit proof of a fraudulent loan.

Lastly, submit a formal written statement to the Police Station In-Charge and District Police Chief detailing the consensual timeline, the threats and criminal trespass committed by her family (Sections 329 and 351 BNS), and local false allegations (Section 356 BNS). While requesting a fair preliminary inquiry, and prepare to move for anticipatory bail under Section 482 BNSS if an FIR is registered.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.

Answer 3

Dear Client,

Based on your legal query, I suggest you my legal opinion. That if only a police complaint and no FIR is filed against you then the police can conduct Preliminary Inquiry before registering the FIR under Section 173(3) of The Bharatiya Nyaya Sanhita,2023 (BNS).

The Girl's family side can put allegation under Section 78, Section 351 and Section 69 of The Bharatiya Nyaya Sanhita,2023 for Stalking, Criminal Intimidation and False Promise of Marriage against you. I therefore, suggest you that you urgently consult a lawyer regarding your matter and get solutions to all your queries.

Hope this answer helps!

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“Legal Advice Regarding Relationship Dispute, False Allegations, Financial Transactions, Defamation & Police Complaint”

3 Answers