Issue legal notice to the sister to withdraw false and baseless allegations made against you and tender an unconditional apology
Hello all, My partner married another girl last month breaking our 4 years relationship. During this situation, his sister made verbal allegations of my character which has affected my mental state a lot. She dragged my previous breakup event and even accused that whatever her brother showed towards me was mere sympathy and not love. I immediately called my ex, and repeated all the allegations which his sister made, and he said those weren't true and we both knew that it was love. I have both the call recording. Is there a way in law to sue a person for the emotional distress they caused me. These situation have affected my emotional well being and affecting my day to day life. I feel strongly that they both should be held accountable, at least to the extent of providing answers or an apology for the emotional distress caused to me.
Issue legal notice to the sister to withdraw false and baseless allegations made against you and tender an unconditional apology
Well after the breaking up of any relationship , earlier you move on grater is the benefit you get. The life often presents lot of allegations and it is prudent if we ignore those and move ahead.
Therefore, ignore them from now onwards and live your life on your own terms. You would find peace sooner than alter. Good luck.
A friend of four long years, ditching you is not worth to continue. There is no regal recourse for such an act of cruelty. Though by deceitful means or by making promise to marry, if at all, he had sex, he can be punished with imprisonment up to ten years under Section 69 of BNS. But that will cause more distress. Just forget him, that will be an appropriate punishment for him.
You can take action against her bother for slander /defanation if you have evidence for the same. You can file civil as well as criminal case. First send a legal notice seeking apology to them
Certainly, your situation is deeply distressing, and while legal recourse may not always address emotional wounds directly, Indian law does provide remedies for defamation and intentional infliction of emotional distress under certain circumstances. Here's how you might proceed:
Legal Remedies Available
Defamation:
Intentional Infliction of Emotional Distress:
Filing a Complaint for Harassment:
Legal Notice Seeking Apology:
Steps to Strengthen Your Case
Preserve Evidence:
Document Impact:
Consult a Lawyer:
Conclusion
While legal proceedings can be a way to seek justice, you may also explore mediation or counselling to address the emotional impact. Litigation, especially in personal matters, can be taxing, so it is important to weigh your options carefully. If you decide to pursue legal action, having strong evidence and professional guidance will be crucial.
Feel free to reach out for further assistance.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
It appears that his sister has made bald allegations to you in person over phone which was not in presence of anyone.
The essential ingredients to file a defamation case are:
There must be a publication of the defamatory statement, that is to say, it must be communicated to some person other than you.
In case of slander, either there must be proof of special damages or the slander must come within the serious classes of cases in which it is actionable per se.
From your statement it can be seen that she has made verbal allegations against you only with you and not in presence of any third person which had affected your reputation or respect or dignity.
Your boyfriend was just a friend and there is no reason for you to object he getting married to another girl in the absence of any promise to marry you or any agreement between you both.
Even if there was any agreement it is not enforceable because one cannot be forced to marry the other person if he or she is unwilling to marry.
If he or his sister have verbally abused you then you can lodge a criminal complaint against them with the local police.
Section 294 of the Indian Penal Code (IPC) explicitly classifies verbal abuse as a punishable offense. If you choose to file a complaint with the police, legal action will be initiated, typically resulting in a fine for the offender rather than imprisonment.
First of all it is not known whether you are from India and asking this question based on Indian laws.
Hi everyone, I'm from India, but right now I'm working abroad. These all happened when I was abroad. I took all steps from here to somehow stop the marriage. To add to the previous statements, I was in a physical relationship with him, believing that he would marry me. And if he knew from the beginning that he wasn't going to marry me, then why does he have to give me a physical and emotional commitment? Now if I revisit everything, I feel I was cheated, and may be from the beginning he knew that he would not marry me and was waiting for the right opportunity. In addition to all these, when they make allegations against me, I don't know what to do. I understand that the law doesn't take into account the emotions, but is there any way where I can take it forward legally? And I'm sorry for this naive question: what does physical relationship on the promise of marriage mean in law?
You can file case of cheating against him if he had sex with you under promise of marriage
2) you can also file a case of rape against him if he had sex with you under promise of marriage
3) SC has held To establish rape based on a false promise, the prosecution must prove that the woman's consent was based on the promise from the beginning
4) The prosecution must also prove that the promise was made with no intention to fulfill it.
Physical relationships with promise of marriage is sexual relationship with some woman with commitment of marrying her but same is not rape. Only if some money or other things taken by inducing you in this relationship you can file cheating. Everyone has knowledge that sexual relat Is happening and there is no marriage so there is no guarantee therefore a woman should not get into sexual relationship before marriage if she is not sure that he will not marry as there is always risk of breaking relationship and turning it sour
If you had physical relationship with him then there are chances to file a criminal complaint against him.
But for that also you may have to provide minimum evidence to establish your allegations.
The court or police will not entertain emotional feelings especially since the events are reported to have taken place at abroad.
In India, a physical relationship based on the promise of marriage could have legal implications, particularly if it was induced by deceit, as it may be considered cheating under Section 420 of the Indian Penal Code (IPC). If someone made a false promise to marry and exploited your trust, you may have grounds for a complaint of cheating, provided there is sufficient evidence, such as communication or commitments made. If the other party is making allegations against you, it’s important to understand the nature of those claims and seek legal advice for appropriate defence. While personal relationships may complicate the matter, you may also explore civil options like defamation suits if false statements harm your reputation. Given the complexity of such cases, consulting with a lawyer can help guide you through the legal steps, particularly if you're abroad, to assess the best course of action based on your specific circumstances.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor