If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a married professional residing in the city of Amanpur, found himself in a complex personal and financial situation. For nearly nine years, he was involved in an extramarital relationship with Mrs. Priya Sharma, who was also married. Throughout this period, Mr. Verma claims he spent a significant amount of money, approximately ₹12 lakhs, on Mrs. Sharma’s various needs and expenses. Recently, the relationship ended on a sour note following a series of disagreements. Mrs. Sharma has since returned to her husband. Mr. Verma now feels emotionally distressed and financially wronged. He is grappling with the social implications, career setbacks, and mental anguish from the affair’s conclusion and wishes to explore legal options to recover the money he spent on Mrs. Sharma and seek compensation for his suffering.

Advice in such cases

Navigating the legal aftermath of a consensual personal relationship, especially one of an extramarital nature, is fraught with challenges. The law generally presumes that money or gifts exchanged between partners in a romantic relationship are voluntary and not loans, unless there is explicit evidence to the contrary.

• Document Everything: Compile a detailed record of all financial transactions. This includes bank statements, online transfer receipts, and any written or digital communication (like emails or messages) where the funds were discussed.
• Assess the Nature of Payments: Differentiate between gifts and potential loans. Was there ever a discussion or agreement about repayment? Without proof of a loan agreement, recovery is extremely difficult.
• Understand the Legal Standing: Courts are often hesitant to intervene in personal financial matters arising from consensual relationships. The moral context of the relationship can also influence the court’s perspective, even if adultery itself is no longer a criminal offense.
• Prioritize Mental Well-being: The emotional toll of such situations can be immense. Seeking professional counseling or therapy is advisable to manage the mental health impact, separate from any legal action.

Applicable Sections of Law

While the situation is primarily civil in nature, certain provisions of Indian law might be considered, although their application would be highly fact-dependent and challenging to prove:

• The Indian Contract Act, 1872: For a civil suit to recover money, you must prove that a loan agreement existed. A verbal agreement is valid but incredibly hard to prove. Without a promissory note, loan agreement, or clear communication indicating a loan, the court will likely treat the payments as gifts. Furthermore, a contract with an object or consideration that is regarded by the court as immoral or opposed to public policy is void under Section 23 of the Act. An agreement made in consideration of an adulterous relationship could fall into this category.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Cheating: To establish cheating, it must be proven that Mrs. Sharma had a dishonest intention from the very beginning to deceive Mr. Verma and induce him to give her money, which she never intended to be accountable for. Proving this fraudulent intent at the inception of a nine-year relationship is nearly impossible.
• Civil Suit for Recovery: This is the most viable, yet still difficult, legal path. The burden of proof lies entirely on Mr. Verma to establish that the money was given as a loan and not a gift. The absence of a formal agreement is a major hurdle.

If you are the complainant

If you are in Mr. Verma’s position and wish to pursue legal action, you must proceed with caution and realistic expectations.

• Gather All Evidence: Collect bank statements, transaction details, text messages, emails, or any other communication that might suggest the money was a loan or given under specific conditions of return.
• Analyze Your Proof: Critically evaluate your evidence. Do the messages explicitly say “loan” or “I will pay you back”? Vague promises are not legally enforceable.
• Be Prepared for Scrutiny: Filing a case will make the details of your extramarital affair public record. You must be prepared for the personal and social consequences of this, including potential impacts on your own marriage and family.
• 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 Mrs. Sharma’s position, where a former partner is threatening legal action to recover money spent during your relationship, here is what you should consider:

• Do Not Panic: Do not give in to threats or pressure. The legal burden to prove the money was a loan lies with the person who gave it.
• Preserve Communication: Save any messages or emails where your ex-partner is demanding money or threatening you. This can be useful evidence if the situation escalates.
• Do Not Acknowledge a Debt: Avoid making any statements, written or verbal, that could be interpreted as you admitting the money was a loan.
• 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. An advocate can advise you on your rights and draft a formal reply to any legal notice you may receive.

How the police behave in such cases

The police are generally very reluctant to register a First Information Report (FIR) for cheating in such cases. They view these disputes as personal matters that have soured and typically classify them as civil disputes. They will likely advise the complainant to approach the civil court to file a recovery suit. Filing a criminal complaint without strong evidence of deceit from the outset is often seen as an attempt to misuse the legal process to harass the other party.

FAQs people normally have

What evidence is required?

To have any chance of success in a civil recovery suit, the complainant must provide concrete evidence that the money was a loan. The best evidence includes:

• A signed loan agreement or promissory note.
• Bank transfer records with a memo or note specifying “loan.”
• WhatsApp chats, emails, or text messages where both parties explicitly discuss the transaction as a loan and mention repayment terms.
• Witnesses who were present during conversations about the loan (though this is rare and often weak).

Without such direct evidence, the case becomes a matter of “he said, she said,” and the court is likely to rule that the transactions were gifts.

How long will the investigation take?

If the police were to register an FIR for cheating (which is highly unlikely), the investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) would involve collecting statements and evidence, which could take several months. However, the more probable route is a civil suit. A civil recovery suit in India is a lengthy process. From filing the suit to the final judgment, it can easily take several years, passing through various stages like pleadings, evidence, arguments, and potential appeals.

Advocate Sudhir Rao, Supreme Court of India