• Can a married woman file a case against unmarried man for extortion

An unmarried man befriended a married woman in pretext of love. She has given him money and expensive gifts. Now that man has cut off any sort of communication with that woman. Can she file a complaint against him for exploiting her. She has proof of transactions.
Asked 11 days ago in Criminal Law
Religion: Other

9 answers received in 1 day.

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12 Answers

She can certainly file complaint of extortion against the guy 

she has to prove allegations made in the complaint 

 

 

Ajay Sethi
Advocate, Mumbai
97514 Answers
7882 Consultations

Yes she can if there is a case of extortion made out 

Prashant Nayak
Advocate, Mumbai
32873 Answers
209 Consultations

No, it will not be maintainable if she is reported to have gifted him.

It's an infatuation hence she spent on him which in no way considered as a crime 

T Kalaiselvan
Advocate, Vellore
87714 Answers
2355 Consultations

If exploitation or sex on promise of marriage occurred then certainly such complaint can be lodged.  

Devajyoti Barman
Advocate, Kolkata
23332 Answers
522 Consultations

  1. There is no bar against married women filing complaint against a man.
  2. File complaint under Section 308 BNS in the Court of Magistrate. Offence is cognizable, non bailable, punishment  is for imprisonment up to seven years.
  3. Avoid love angle in complaint to avoid any discord in marred life. Just claim him as friend.

Ravi Shinde
Advocate, Hyderabad
4422 Answers
42 Consultations

Yes, the married woman can file a complaint against the unmarried man if she believes she was deceived or exploited. However, "extortion" specifically involves coercion or threats to obtain money or valuables, which may not apply in this case unless threats or force were involved.

Legal Options Available:

  1. Criminal Complaint for Cheating (Section 420 IPC):

    • If the woman was misled under the pretext of love and financially exploited, she can file a complaint for cheating.

  2. Civil Recovery Suit:

    • If the monetary transactions were loans or given under false pretenses, she can file a suit to recover the amount with evidence.

  3. No Extortion Case:

    • Extortion (Section 383 IPC) requires threats or coercion, which does not seem applicable unless the man explicitly used such tactics.

Steps to Take:


  • File a Police Complaint: Approach the police with proof of transactions and claim cheating or misrepresentation.

  • Consult a Lawyer: Assess the strength of her case based on the available evidence.

  • Consider Legal Consequences: The matter could become complicated if her personal relationship is scrutinized.

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 of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
525 Answers
1 Consultation

Yes she can.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2247 Answers
8 Consultations

Yes, the married woman may have legal recourse against the unmarried man for exploitation or deceit. The following legal options may be available to her:

  1. Criminal Complaint for Cheating (Section 415/420 IPC):
    If the man befriended her under the false pretext of love to extract money and gifts, this could amount to cheating. The woman can file a criminal complaint under Section 420 of the Indian Penal Code (IPC) for inducing her to deliver property through deceitful means.

  2. Criminal Breach of Trust (Section 406 IPC):
    If she can prove that the man-induced her to trust him and misuse her resources, she can claim this as a breach of trust.

  3. Civil Suit for Recovery:
    The woman can also file a civil suit to recover the money and value of the gifts, provided she has evidence of the transactions and can establish that the money was not given voluntarily or without expectation.

However, it is important to consider the following:

  • If she engaged in the relationship knowingly, and the transactions were made voluntarily without any express promise, it may weaken her case.
  • Since she is married, the relationship could also attract social or legal scrutiny under personal laws regarding marital fidelity.

It is advisable for her to consult a lawyer to discuss the evidence and nuances of her case before proceeding legally.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor.

Aman Verma
Advocate, Delhi
227 Answers

Yes, based on the evidence available, criminal action can be initiated against that person on the grounds of fraud and misrepresentation.

Swaminathan Neelakantan
Advocate, Coimbatore
2961 Answers
20 Consultations

Yes, she can go ahead and file a complaint with the local police station with all the evidences.

Tabassum Sultana
Advocate, Bangalore
1 Answer

- Since, she is a married woman then her relation with the unmarried will not come under the provision of Relationship. 

- Hence, she cannot file any complaint for the cut off the relation by the man. 

- However, if she having proof of payment , then she can file a recovery suit before the Court for claiming the amount on the ground of friendship loan. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

1. Anybody can file a case for extortion against anyone if the offence has been committed..

2. However, from the facts stated by you, no case of extortion is made out. To extort is to get something by putting the other person in fear. 

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

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