“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,

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”

1 Answer