Dear experts, Its been 2 years of marriage and now my knife has filed a false 498a package on whole family even though every one are staying separately stating we are staying together. After her 498a I have already applied for divorce here. She took away all her and my valuables including Stridhan and my customary gifts (gold gifted by her parents and gold gifted to me by my relatives) along with original site sale deed & my original marriage certificate also. I went to sub-register office to get duplicate copies of these documents and noticed in her age proof document that her DOB year is 1992 but 1991 as in bio data. That confirms that, her age, DOB, horoscope was MISREPRESENTED in the bio data and they have cheated us. We are hindu spiritual family who believes in god and horoscope. I wouldn't have married if these facts were informed before marriage. All these years this fact was kept secret and it is willful misrepresentation for the purpose of money. She deceitfully fooled and made me purchase a site also in the joint name of around 6 lakh in her native which is my legal loss + 5 lakh 3 years house lease bond on her name. She is extorting money from Section 125 as well by filing false cases. Its now clearly understood the reason behind misrepresentation. Though Its a difference of 1 year is it not a CHEATING and FRAUD?? 1. Bio data in mail (received from her close relative to my own brother) will be considered as evidence as per IT act, is that correct? 2. What is the courts view point on Horoscope, will this be considered as false or not? 3. Can I file cheating case 420 & breach of trust 406 ? What all the cases I can put on them? 4. Will she be entitled for maintenance under section 125 or DV or HMA even after proving cheating? 5. Can she claim 5 lakh lease bond fully paid my me after 3 years (bond will expire in 6 months), how do I protect it or cancel her name? 6. How can I get back my gold ? How can I request for Search Warrant for my gold?
Yes that will be considered as evidence.
If there has been a fraud and the DOB has been changed just for the purpose of marriage then the court will take strict view, the court will have to see the intention behind the act.
Yes you may give a written complaint to the police and the police will add the relevant sections.
No she will not be entitled for any kind of maintenance.
No she can not claim
After lodging the complaint you may ask the police to recover the same.
Regards
1) bio data received by you by mail would be admissible in evidence
2)you can file case of cheating against your wife under section 420 of IPC
3) court would award wife maintenance if she is not working
4) if your wife has stolen your gold file complaint of theft against her
5) if lease bond is purchased in her name wife would be entitled to claim it on maturity
6) if you have paid for purchase of plot in joint names file declaratory suit that you are absolute owner of said plot as full consideration has been paid by you and to delete wife name
5) if lease bond is purchased in her name wife would be entitled to claim it on maturity How do I protect it sir? Its fully paid by me to the house owner.
File a declaration suit to this effect and get your name in place of your wife's name.
regards
seek injunction restraining owner from making payment to wife
2) take the plea that full payment was made by you
3) enclose your bank statement
Hi,
1. Bio Data is not an age proof.
2. Court runs on evidences brother not on Horoscopes
3. You file for annulment of marriage on basis that they have supressed some important fact to you before marriage.under section 12 of HMA. 406 IPC can be filed.
4. Wife is entitled for maintenance under 125 crpc only in situation when she is not in a condition to maintain herself, if she is capable of earning then prove that in court and oppose 125 crpc petiton.
6. File application in court for recovery of your gold. court can order the recovery in police presence.
Thank You
Yes you can file the complaint for cheating, misrepresentation and fraud against her.
You can mention all the facts and grounds including horoscope and birth date etc.
Yes she will be entitled to get the maintenance, if you succeed to prove the allegations.
You can file the application before the court of law for getting your gold back, if it fails then you need to lodge FIR for theft in police station.
You cannot cancel her name in lease bond without her consent.
1. Firstly the wrong date of birth is not an offence hence it cannot be considered as fraud or cheating, therefore how much ever you try to prove this, you may not get any relief in this aspect.
2. The courts will not consider this as a material fact for marriage.
3. Cheating or breach of trust on this point may not be maintainable.
4. Cheating in your point has nothing to do with her maintenance claim or case under any provisions of law, the maintenance is sought for the marriage that has been solemnised between you two, the other aspects generally dont interfere in this position except the voluntary abandonment of the matrimonial home without any valid reason and refusing to cohabit without any substantial reason.
5. If you have given a bond in her name then that becomes her own property, you cannot claim the cancellation of the same due to the ensuing matrimonial disputes.
6. You can lodge a complaint for robbery agaisnt her for having stolen your own items, but make sure that they do not form part of the stridhan
if lease bond is purchased in her name wife would be entitled to claim it on maturity
How do I protect it sir? Its fully paid by me to the house owner.
Any property whether movable or immovable, lying on her name shall become her own and absolute property even though you have paid it.
You may look for some other way to recover it by first sending a legal notice demanding return of the amount given by you to her for the purchase of this bond etc.
Consult a local advocate and discuss the strategies accordingly.