Can I file a case for cheating for concealing the fact of living relationship

Can I file a case for cheating for concealing the fact of living relationship? I was in a relationship for 9 years and finally, my family agreed to the marriage, and we planned to get married this December. One week before the wedding, I found out that he (who is working in Kuwait) is in a living relationship with another woman. She sent me some pictures of them together. Is there any legal action that can be taken against him for cheating?

by Shivendra Pratap Singh | Mar 21, 2023 | Criminal Law

A live-in relationship, also known as cohabitation, refers to an arrangement in which an unmarried couple lives together in a long-term committed relationship, often without being legally married. It is a consensual union between two adults who are in a relationship and decide to live together in the same household.

Thus, living with a woman in a live-in relationship does not constitute offence. If after solemnization of marriage your husband lives in a live-in relationship in the nature of marriage then it constitutes an offence. 

Therefore, at this stage you have the right to break the agreement of marriage and claim compensation from the opposite party. Concealment of fact regarding the live-in relationship constitutes a valid ground for the cancellation of marriage.

Since your fiancé concealed this important fact from you, he is liable for the damages caused to your reputation and the mental distress you have experienced. It may not be advisable to file a criminal case for cheating, as there is a possibility that he may end his relationship and remain faithful to you after the marriage.

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Shivendra Pratap Singh

Shivendra Pratap Singh

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Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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