Mr. Sameer found himself in a complex situation involving his brother, Alok. After a relationship of about a year and a half, Alok and his girlfriend, Priya, decided to part ways. Following the breakup, Priya contacted Sameer and his brother, demanding the return of approximately ₹50,000. She claimed this was the total amount she had spent on Alok during their relationship, including expenses on dates, gifts, and some money she had transferred to him directly.

As Alok was unemployed at the time, Sameer felt pressured and transferred ₹20,000 to Priya to settle the matter. They even had a conversation over a messaging app where Sameer agreed to pay the remaining amount in monthly installments of ₹5,000. However, after making the initial payment, Sameer reconsidered the situation. He informed Priya that he would not be making any further payments and that she was free to approach the court if she wished. This has left Sameer worried about the legal validity of the messaging app agreement and whether Priya can legally force them to pay the remaining amount.

Advice in such cases

Navigating financial disputes after a romantic relationship ends can be emotionally and legally challenging. Here are some steps to consider:

• Assess the Nature of Transactions: It is crucial to distinguish between a gift and a loan. Money spent on mutual activities like dates, movies, or dinners is generally considered a gift given out of love and affection, with no expectation of repayment. A loan, however, implies a clear understanding that the money will be returned. The burden of proof lies on the person claiming it was a loan.
• Preserve All Communication: Keep a record of all conversations, including text messages, emails, and social media chats. The agreement made on the messaging app is a critical piece of evidence that can be interpreted in different ways.
• Avoid Making Hasty Payments: Making partial payments can sometimes be interpreted as an admission of liability. It is advisable to refrain from making any further payments or promises until you have sought legal advice.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such disputes primarily fall under civil law, particularly the law of contracts.

• Indian Contract Act, 1872: For an agreement to be a legally enforceable contract, it must have a clear offer, acceptance, and an “intention to create legal relations.” In personal relationships, there is a general presumption that parties do not intend for their arrangements to have legal consequences. Therefore, money exchanged is often presumed to be a gift unless there is clear evidence to the contrary, such as a loan agreement or messages explicitly stating it’s a loan.
• Bharatiya Nyaya Sanhita (BNS), 2023: In some cases, the aggrieved party might try to file a criminal complaint for cheating under Section 318 of the BNS. However, for this to apply, it must be proven that there was a dishonest intention to deceive from the very beginning of the transaction. Proving this in the context of a romantic relationship is extremely difficult, and such complaints are often dismissed by the courts as being civil in nature.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This code outlines the procedure for legal proceedings. The appropriate remedy for Priya would be to file a civil suit for the recovery of money, for which the procedures laid out in the civil procedure codes, as supplemented by the BNSS for any criminal aspect, would be followed.

If you are the complainant

If you are in Priya’s position and believe you are owed money:

• Gather All Proof: Collect all possible evidence, including bank transaction details, UPI screenshots, and chat logs where the money was discussed or where the other party acknowledged the debt and promised to repay it.
• Establish it as a Loan: The biggest challenge is to prove that the money was given as a loan and not a gift. Any written communication where the other person accepts it as a debt is your strongest piece of evidence.
• Send a Legal Notice: The first formal step is to have a lawyer send a legal notice to the other party, demanding the repayment of the specific amount within a stipulated time.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in Alok’s or Sameer’s position, being asked to repay money:

• Do Not Admit Liability: Avoid making any further statements, written or verbal, that could be seen as an admission of debt. The existing message agreeing to pay is problematic, but further admissions should be stopped.
• Formulate Your Defence: Your primary defence would be that the money spent was a gift or for shared expenses within a romantic relationship, with no intention of creating a loan.
• Respond Through a Lawyer: If you receive a legal notice, do not ignore it. Have a lawyer draft a formal reply refuting the claims.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. He can argue that the subsequent promise to pay was made under emotional pressure or duress and does not constitute a legally binding contract.

How the police behave in such cases

The police are generally reluctant to get involved in such matters. They correctly view them as civil disputes over money rather than criminal offenses. They are unlikely to register an FIR for cheating unless there is compelling evidence of a premeditated scam. At most, the police might call both parties to the station for a discussion and attempt to mediate an informal settlement, but they have no authority to enforce payment in a civil matter.

FAQs people normally have

• Is a WhatsApp chat legally binding?
  A WhatsApp chat can be presented as evidence in court under the Indian Evidence Act. However, whether it forms a legally binding contract depends on if it fulfills all the conditions of the Indian Contract Act, 1872, including the crucial “intention to create legal relations.”
• Can my ex sue me for money spent on dates and gifts?
  It is extremely difficult for an ex-partner to successfully sue for money spent on dates and gifts. The courts presume these to be gestures of affection, not transactions that create a debt.
• What if I promised to pay back the money under pressure?
  If a promise to pay was made under duress, coercion, or emotional pressure, it can be argued in court that the agreement is not valid. The court will examine the circumstances under which the promise was made.

What evidence is required?

For the person demanding money, crucial evidence includes bank statements, transaction records, and any messages where the other party acknowledges the money as a loan. For the person defending the claim, evidence would include messages that show the context of the relationship and suggest the money was for shared expenses or gifts.

How long will the investigation take?

This is a civil matter, so there won’t be a police “investigation.” If a civil suit for recovery of money is filed, the process can be quite lengthy. It involves filing the suit, summons, written statements, framing of issues, evidence, arguments, and finally, a judgment. This entire process can easily take several years in the Indian judicial system.

Advocate Sudhir Rao, Supreme Court of India