• Case against fraud done my my wife and her father during marriage

Hi,
i married this girls dec 2015, and soon after marriage, she left me before honey moon,i.e 7 days after marriage and refuse to cohabit with me. we filed the case of mutual consent , on request of her father , ( which i have recorded as audio when he discussed for divorce ) , the girl stayed with me where I work for seven days.

Now after first motion and before second motion , her father has sent a notice for demanding 30 lakhs, which he did not mention during mutual case put up. And the girls has withdrawn the mutual case.

after withdrawal of mutual case approx 9 months later , she had put the Domestic violence case against my Father and Mother no me. in her native, but my father and mother has not lived with us during this period when we got married, how they have dragged them in to it , if the DV case is false what can i do from my end to get legal aid.
- Girl was not ready to marry me from the beginning , her father forced her
- have an audio and supporting evidence to prove that i was not seeking for divorce, they did
- they asked money in the middle of mutual divorce.
Question?
Can i put the case against her father and mother for fraud and cancel this marriage i want to fight the case from where I live now Bangalore, she lives in Chandrapur Maharashtra
Asked 8 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

In relation to your family members name in DV case you may approach the Hogh Court of the state where case has been filed and get the same quashed.

SC has said that such cases can not be filed against those family members who have not lived with the family members.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Her father doing two marriages will not help you.

You may file a contested divorce case against her in the Bangalore Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No DV case is maintainable against your parents as there is no shared household

2) file application for discharge of your parents

3) file for divorce on grounds of mental cruelty

4) wife refusing to stay with husband amounts to mental cruelty

5) wife filing false cases against husband and in laws amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

Dear sir

1. Yes. You can file a case against her parents if you have sufficient proof of it.

2. DV against your parents don't worry if they are not with you, the case will not stand.

3. You can file a case against her parents.

We need more information to take this further. Feel free to reach us.

This is only a opinion.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

1) You can tell police in in police station that they had given false complaint against you and your parents under section 498a, you have to prove this in police station.

2) If currently she is working women she will not be entitled for alimony.

3) If you want divorce or your wife want divorce can go by judicial separation by applying in the court.

4) For divorce you can provide all evidence said above in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If your parents did not stay with you and your wife then file a petition in the DV case to expunge their names from the proceeding.

2. Since there was mutual divorce petition filed ,in the DV case she can not reply on any incident of alleged domestic violence if the same occurred prior to the date of filing of MCD.

3.Since after MCD both of you never stayed together the PWDV case does not have much merit and if you contest the proceeding with all vidour it should be dismissed.

4.If there is proof of demand of money by her father then rely on this on your objection to the DV case. The court should trate this the reason behind her filing of DV Case.

5. File counter case of cheating and criminal intimidation to bring them on negotiation table once again so as to make them settle the dispute once again on amicable terms.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Father 2 marriages are immaterial

2) wife work experience will not help you in your divorce case

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

1. After the said DV case is dismissed, you can lodge a police complaint u/s211 of IPC against your wife for lodging/filing false complaint/case against you for causing damage to you.

2.If you have evidence that she was unwilling but was forced to marry you then you can file an application within one year from the date of coming to know this fact of her unwillingness praying for annulment of the marriage on the ground that your consent for the marriage was obtained by suppressing the vital fact of her said unwillingness and had this fact been made known to you, you would not have given your consent for marrying her.

3. The case can be filed at the place where the marriage had taken place or where both of you last lived together or where she is presently living.

4. You can file the case at Bangalore but she can file a transfer petition before the Supreme court and get the said case transferred to her place at Maharashtra for which you shall have to be prepared.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The said additional information provided by you will be of little importance when the fact that she was unwilling but was forced to marry you which has resulted in to her unwilling top cohabit and lead a marital relationship with you can be proved by you while claiming annulment of the marriage.

2. Hope you have sufficient audio/video recordings of her such admission that she was unwilling but was forced by her father to marry you for which she refuses to stay in marital relationship with you, to submit before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

You have reasonable to file the criminal case and also instant divorce case as your marriage not consummated. The relevant provision is as follows. For details please visit my office.

Hindu Marriage Act, 1955

14.No petition for divorce to be presented within three years of marriage.-

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition three years have elapsed since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf , allow a petition to be presented before three years have elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of three years from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of three years from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said three years.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hi,

The more important issue is the divorce and case of Domestic violence case.

This could be contested as they choose to go for the contested divorce.

You may go to the High Court and pray 2 things 1. The quashing of FIR against the parents and 2. For transfer of case to Bangalore.

I home at least you will get relief in FIR.

Till the case is decided it is open for both the party to file any case when they feel cheated.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You have mentioned that her father had sent a notice demanding lakhs amount during the process of mutual consent divorce.

Do you evidence for that?

If so, you can use it against them while challenging their DV case also you may lodge a criminal complaint against him for extortion offence

You can file contested divorce on the grounds of cruelty and desertion.

You can file the divorce case in the place of marriage or the place where you both last resided together or the place where she currently resides.

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

The suppression of facts regarding her father's two marriages or her employment details aren't material to marriage,hence they may not constitute grounds for divorce.

Her DV case with false allegation is mental cruelty and her desertion without any valid reason are strong grounds for divorce.

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

Please file a case for divorce under ground of cruelty and desertion (if two years has elapsed from date of she refusing to cohabit). You can file case from Bangalore where you reside.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You need to contest the case and prove in the court that the allegations are false. Later you can file defamation cases against them. If you need transfer you need to file transfer application in supreme court.

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

Contest the DV case filed by her. File a counter affidavit in response to her complaint.

Demonstrate with the help of evidence before the Court that your mother and father did not even stayed for a single day with this girl.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Apply before the Court for obtaining divorce on the ground of desertion and mental cruelty.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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