Following  are the  essentials of offence of cheating…

1. Deception of any person and thereby…
2. Fraudulently or dishonestly inducing that person ..
3. Deliver any property to any person or
4. To consent that any person shall retain any property,  or
5. Intentionally inducing that person to do or omit to do anything which  if he were not so deceived and which  act or omission causes or likely to cause harm to that person in body, mind, reputation or property.

There is child out of wedlock, issue of marriage cannot be racked up now. But you can file criminal complaint for illegal transfer of money to parents criminal breach of trust and theft, you can also include her parents. Complaint  can be filed in Criminal Court Complex at Nampally or Secunderabad depending on location of your residence.

No criminal case is maintainable for the causes of cheating or deceiving.

The lies what they stated are not material facts to influence your marriage.

It was your duty for proper enquiry.

In fact you have stated that you when came to know about the fact, you consoled yourself and continued your marital life.

Since you have already filed the divorce case you may concentrate on that properly.

Yes you can but there should be ingredients of cheating and same should be from inception 

You can file cheating case against your  wife and her biological parents as your wife has without your consent, transferred significant amount of funds from your bank account to her parents

2) File police complaint of cheating with the local police station

No case of cheating will lie against the businessman.

However if the money was stolen from you by your wife then case of theft or criminal breach of trust can be filed against your wife and her biological parents. 

Given the facts you've shared, here's an analysis of your situation from a legal perspective:

Legal Considerations under IPC Section 420 (Cheating)

Section 420 of the Indian Penal Code (IPC) deals with the offence of "cheating and dishonestly inducing delivery of property" and can be invoked when someone, by deceitful means, induces another person to part with property (money, assets, etc.) or to do something they would not have done otherwise.

To constitute an offence under Section 420 IPC, the following elements must be present:

1. Dishonest Inducement: There must be a clear intention to deceive or induce the victim into parting with money, or property, or agreeing to something based on false representations. In your case, the businessman misrepresented his adopted daughter’s status and the family’s financial stability (regarding the schools, colleges, and hospitals).

2. Fraudulent or Misleading Representation: The businessman claimed that your wife was adopted legally and misrepresented his business interests. This constitutes a fraudulent or misleading statement. If this claim was false and you can demonstrate that it was made with the intent to induce you into marrying his daughter, it might qualify under this section.

3. Delivery of Property or Valuable Consideration: In your case, you were induced into marriage under false pretences, and during the marriage, your wife’s biological parents misused money, transferring significant sums to themselves, which could be considered a form of fraudulent behaviour or financial deceit.

4. Intention to Cause Loss: You would need to demonstrate that you suffered a financial, personal, or emotional loss due to the false representations made by the businessman, your wife, and her biological parents.

Can You File a Cheating Case?

Yes, based on the elements mentioned, there are grounds to file a case under Section 420 IPC against the businessman for misrepresentation (regarding the adoption) and deceitful conduct. If there is evidence that his false claims led you to make a financial or personal decision you wouldn’t have made otherwise (like marrying his daughter and being deceived into certain financial commitments), you may have a case.

Similarly, if your wife and her biological parents were complicit in this misrepresentation or further caused you harm (such as through financial mismanagement or wrongful transfers), they may also be implicated in the offence of cheating.

Steps to Take for Filing a Case under Section 420 IPC:

1. Gather Evidence:

   • 
     Document the Misrepresentations: Collect any evidence, such as emails, messages, or documents, where the businessman misrepresented his daughter's adoption status or made false claims about the family’s business.
   • 
     Financial Records: Gather proof of any financial mismanagement, such as bank transactions showing transfers to your wife’s biological parents or evidence of any undue influence they had on financial matters.
   • 
     Witness Statements: If there are witnesses who can testify to the businessman’s claims or any fraudulent behaviour on the part of your wife or her biological parents, these can support your case.

2. File a Complaint with the Police:

   • Approach the local police station and file a formal complaint under Section 420 IPC, detailing the false claims made by the businessman and the financial deceit caused by your wife’s family. You can also file a complaint under Sections 406 (criminal breach of trust) and 506 (criminal intimidation), if applicable, depending on the circumstances.

3. Consult with a Lawyer:

   • A lawyer specializing in criminal law and matrimonial matters can guide you on the exact procedure, help draft the complaint, and represent you in court if necessary.
   • Your lawyer may also advise you on whether you can file the case in conjunction with divorce proceedings, which could strengthen your position.

4. Civil Remedies:

   • In addition to criminal proceedings, you may also explore civil remedies, including a suit for damages for the financial and emotional harm caused by the deceitful conduct of the businessman and your wife’s biological parents.

Conclusion

Your case has potential grounds for filing a cheating case under Section 420 IPC if you can establish that the businessman’s false representations induced you into a marriage that led to financial, emotional, and personal harm. To proceed, gather evidence, file a formal police complaint, and consult with a lawyer to ensure you pursue the appropriate legal remedies.

If you need further assistance in drafting the complaint or pursuing legal action, feel free to reach out.

Warm regards,
Advocate Aman Verma
Legal Corridor

Dear Client,

Based on the facts provided, you may have grounds to file a case underSection 318 of the Bharatiya Nyaya Sanhita (BNS) of 2023 defines cheating, as you were allegedly deceived into the marriage through false claims about your wife’s adoption and promises regarding her future role in managing institutions. To qualify under Section 318, you must prove that there was a deliberate intention to deceive you at the time of the marriage proposal, resulting in personal and financial loss. The businessman’s misrepresentation, coupled with your wife’s financial misconduct and her biological parents' alleged conspiracy, strengthens your case. To initiate legal action, file a criminal complaint with the police detailing the sequence of events, the misrepresentation, and the consequent harm. Ensure you present all evidence, including written communications, financial records, and witnesses, to substantiate your claims. It is advisable to consult a criminal lawyer to draft a robust complaint and represent you in court. Let me know if you need further assistance.

Hope that this helps you to solve your problem.

Giving her money by cash that too such a huge amount will in fact backfire you because no cash transaction is permitted beyond Rs. 20,000/- more over there is no evidence for having handed over any cash to her.

Even assumed that you have given cash to her it can be treated as gift to her, hence it cannot be considered as an act of cheating.

You may look for any substantial evidence to lodge a formal criminal complaint against her 

There is no evidence of any cash payment made by you to your wife 

wife depositing money in her uncle company does not prove any misappropriation of funds 

no case of cheating is made out 

book consultation for detailed discussion

You need to prove the same in court but proving cash transaction is slightly difficult 

Filing a Case Under Section 420 IPC (Cheating):

You can potentially file a case under Section 420 IPC (cheating) against your wife, her biological parents, and the businessman who presented himself as her adoptive father. However, proving your allegations will require strong evidence. Here’s how you can approach it:

1. Can You File a Case Under Section 420 IPC?

Yes, provided you can establish the following:

• 
  Misrepresentation: The businessman and your wife’s family falsely represented her as an adopted daughter to convince you to marry her.
• 
  Intent to Deceive: They knowingly misled you about adoption, financial promises, and family assets.
• 
  Financial Fraud: Your wife misused your money, transferring it to her uncle’s company (BVR Infra) without your consent, indicating dishonesty and intent to cheat.

2. Evidence Required:

To file a case under Section 420 IPC, gather evidence to prove:

• Misrepresentation at Marriage:

  • Statements or written communication from the businessman about the adoption and assets.
  • Witnesses who were present during discussions before the marriage.

• Financial Fraud by Wife:

  • 
    Deposit slip for ₹5 lakhs and the bank statement showing the ₹1 lakh transfer to BVR Infra.
  • Proof that you handed her money in cash (witness statements or circumstantial evidence).
  • Links between your wife, her biological family, and BVR Infra (e.g., proof of ownership by her uncle).

• Other Relevant Documents:

  • Marriage documents.
  • Evidence of her leaving the matrimonial house without explanation.

3. Steps to File the Case:

1. File a Police Complaint:

   • Visit the local police station in Rajendra Nagar, Hyderabad, and file an FIR under:

     • 
       Section 420 IPC for cheating.
     • 
       Section 406 IPC for criminal breach of trust (regarding money misused).

   • Provide all available evidence to support your claim.

2. If Police Do Not Act:

   • File a private complaint under Section 200 of the CrPC before the jurisdictional Magistrate in Rajendra Nagar.

3. Consult a Lawyer:

   • Engage a criminal lawyer to ensure your complaint is appropriately drafted and supported by evidence.

Challenges to Consider:

1. 
   Proof of Intent to Cheat: You must show that the family’s misrepresentation and her financial actions were deliberate and aimed at deceiving you.
2. 
   Lack of Written Evidence for Cash: Without clear proof of cash transactions, it may be difficult to establish financial fraud.

Alternate Civil Options:

• File a civil suit to recover the misused amount.
• Pursue the divorce proceedings and include claims of cruelty and financial misconduct.

Summary:

You can file a criminal case under Sections 420 and 406 IPC at the local police station in Rajendra Nagar or through a Magistrate if the police are unresponsive. Engage a lawyer to strengthen your case, focusing on proving misrepresentation and financial fraud.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.