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Jason (NA)     04 August 2013

Case of emotional distress & cheating against ex-girlfriend

Hello everyone,

I am in a very horrible situation right now and am hoping to get some advise from you lawers in determining whether or not I have a case here.

It is my understanding that as per Indian law, any guy who promises a girl marriage and has consensual s*x with her under the false promise of marriage then he is liable for criminal action against him. Am I correct?

My question is whether the same applies if the roles are reversed.

I have beeen in a relationship with this girl since end of 2008. We were supposedly "serious" and spent almost everyday together for about 4.5 years. We promised marriage to each other and have had consensual s*x.

We had regular fights throughout the duration of our relationship due to disagreements but both cared enough for each other to never take any drastic step. We were very committed to each other and never had any figths regarding the opposite s*x. Just our own issues which we were draggin on with somehow.

Recently, one of our usual fights got blown out of proportion, leading to us not speaking to each other. And a few days later I found out that she got in touch with another guy, sent him her pictures and went out on a date with him! I was SHOCKED and DESTROYED by this as I have always been faithful to her and NEVER even thought of doing something like this even though I was very sad in the relationship.

On confronting her about this, instead of feeling shame and remorse for he actions, she has taken this as a ticket out of the relationship and has been completely carefree about how it has affected me. She refuses to meet or speak to me and has shamelessly continued with her life doing god knows what.

And the imagination of what she has done and is doing every day is KILLING me. I have been subjected to a LOT of emotional distress to the point where I have felt the strong urge to commit suicide. I would have actually done it if I had the guts to do it and am alive only because I don't.

I have tried to contact her and asked her to just TALK to me for gods sake. Asked her how could she do this to me and how did 4+ years of our life suddenly not matter. But she has turned into a heartless monster. I even turned to her parents but they think I am harrasing her/them. She in turn claims that I am harassing her and her parents, calls me a stalker and threatens to call the police on ME! HOW UTTERLY SHAMELESS AND WRONG IS THAT?!

I have gone through emotional HELL because of her as I really meant it when I said that I saw her as my wife and would marry her. I really cant imagine the stuff she is doing. Can't imagine her sharing all those moments she did with me with someone else.

I have evidence of our s*xual relations in the form of voice recordings of fights where we have mentioned it and even phone s*x clippings. I also have videos of us performing s*x (I took these because I wanted to be safe in case she accused me of raping her!)
*On a side note: Is the possesion of the above vioate any law and subject criminal action against me?*

I also have evidence of TONS of voice recordings of us fighting where I have tried to talk to her properly and explain to her whereas she has behaved like a heartless b*tch and has spoken very horrible and rude things to me. Even recent voice clips of her acting BLATANTLY SHAMELESS after being caught cheating and refusing to give me the answers that I deserve.

I have also spent a considerable amount of money on her over the last few years and have been promised marriage by her.

So on the basis of all the above, can I sue her for emotional distress and cheating?
Is there anything I can do to make her accountable for all that she has done?

I can't believe it has come to all this. All I wanted was a simple meaningful relationship. And this is what it leads to! And its not so much her loss that hurts me. She was horrible anyway. Its the fact that my honesty and my goodness was taken away and can never come back. And that I just cannot get myself to live in a world where people like her thrive and get away with things like this.

So I REALLY hope someone here can help me get justice. I would really appreciate it. This is the only thing now that will give me at least some mental peace. If not, I'm sure pretty soon I'll go mad and then finally get to a point where I'll kill myself. I can already see that happening and its scary.

Please help me!

Thank you very much in advance.



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     04 August 2013

you have no claim to sue you inspite of the tons of evidence you have created against yourself.

 

If you had s*x she can very well allege that you promised her to marriage and lead you to rapre charge.

 

If she is refusing marraige she can very well say that after having s*x and let her worth nowhere you are demanding huge dowry.

 

Onus of proof will be on you.

Sudhir Kumar, Advocate (Advocate)     04 August 2013

you having spendt money doe snot give you a licese that she should have relation with no other person.  You believe you have purchased her and you can address her as b*tch and that she must answer you when you seek explanation.

Adv Archana Deshmukh (Practicing Advocate)     04 August 2013

First of all cool down, seek some help of a psychologist if you are into depression. There is no point in legally proceeding against her bcoz if she backfires it will prove costly to you. You cannot equate regular fights in a  marriage with fights in a live-in type. You were in a relationship which has no legal commitment nor social acceptability and anyone can walkout if he cannot withstand the fights or is not satisfied with the relationship. She has chosen her way, so you are free to chose your way now. Forget her and get married to some other girl and have a good simple, meaningful matrimonial relationship.

adv.raghavan (Advocate,9444674980)     04 August 2013

i agree fully with Adv Archana, , forget her and go for another life by marrying some one who will faithful to you, these things are just passing clouds in your life. 


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