• Groom,s parents false promises about sons Job /character/behaviour and own fin . & social status

My cousin sister got married in family living in society sect 9 Rohini ,my neighbour in same society by my initiatives as middle man ,in feb 2014 fulfilled their all demands beyond brides family limit,as father was not alive ,3 year younger brother arranged most amount by borrowing & loan ,in total approx 18 lac spent,with only son ,sister already married .Since marriage behaviour of in laws /husband/sister remained very suspicious,hiding ,secretive ,abnormal ,unsocial and taunting with bride and her family .Due to this we husband wife (middle man & relative )were discarded and in laws broke relationship without reason in same society, could not understand change in behaviour.Whereas sister is Post graduate/NCC C certificate holder ,self struggled ,taught in public school before marriage ,expert in kitchen,all house holds responsibilities ,capable to maintain all social duties as ideal Bahu Later on we came to know further her husband left job shifted in Pune with already male friend ,She has 2 yr old son, in laws expelled sister on 4 jun 18 from parental home with out knowledge of her brother or me in meantime her mother expired last year,
 We are feeling totally cheated 
.can I file case under 420 separately ?
Case has been filed in CAW cell also through by PS 
1-Her in laws family was totally dominated by her mother in law and her consipiracy My cousin sister was totally limited to a mere house maid with no respect, self esteem and money, She was left in a lurch to fend for herself by any means . 
My cousin sister is humiliated and her body ,soul and mind has been tortured .her women dignity has been torn apart by her husband and in laws,
we as a guardian are also feeling cheated and humiliated by these turns of events which were preplanned and deliberate. I, as a guardian, want to ask if we can file a case of treachery and cheating against them.
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

Your sister should file caseof dowry harassment under section 498A IPC read with section 2, 3, of dowry prohibition act against husband, in laws

2) file DV case seek alternative accommodation, maintenance for herself and child , compensation for mental torture undergone by her

3) your sister should have filed anullment of marriage on grounds of fraud within period of one year of marriage

4) since she didn’t not do so file for divorce on grounds of mental cruelty seek alimony from husband , custody of child , maintenance for child

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Concerned,

From legal prospective All the above that has been mentioned on cheating is your side of story and hence all need to be proven in the existing case. Under such and present circumstances - you should also file a case under Domestic Violence act and ask for compensation. Rest all will follow as per the proceedings of court.

As your sister is Qualified enough - ask her to focus more on her carrer then actually wasting time of this Man who can not care about his better half.... as he is in relationship with someone else there are less chances of him coming back hence dont waste time on him.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Firstly, Mam, it is very unfortunate to have these kinds of behaviour by people living in the capital city of our country.

Secondly, anything material in marriage if concealed by either of the party which may affect the future living of both the partners can be the ground of divorce on non concealments of the fact plus as they have been compelling to not to live the life with freedom and dignity, it is one ground of divorce on your cousin’s case mam.

Thirdly, and yes on the basis of that non concealment of the actual facts will bring the case of cheating on them for sure.

Fourhtly, you can register a complain to the police, and if they don’t do much then make a complain to the DCP, if still nothing happens then I advice you to move an application under section 156(3) of the CrPC t register the FIR. You will surely get the relief.

Fifthly, also ask for maintenance for the children plus heavy alimony as he has ruined her life.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. A criminal case of cheating under Section 420 is not made out. The basic ingredient of cheating under 420 IPC is deception, which is missing in your case.

2. Your sister can adopt her remedies under DV Act by filing a complaint case in the court to seek right to residence in the shared household of her husband, protection from further acts of domestic violence and also maintenance for herself and her child. The court can also grant alternate accommodation under DV Act at the expense of husband.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) Yes, You can file Cheating case against them all under Domestic Violence Act.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. What kind of specific act of treachery and cheating can be alleged by you against them?

2. What has been stated by you in the above post, you can file a complaint/case under Domestic Violence Act against them.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

She can file a case for the criminal offences of cruelty, intimidation outraging the modesty and assaults etc., before the concerned police station and seek justice as well as proper legal action agaisnt all of them.

She may file domestic violence case seeking protection, residence, maintenance and compensation for the violent activities unleashed agaisnt her by all of them.

If the tortures are intolerable she may even decide to quit the married life by filing a petition seeking to dissolve the marriage by a decree of divorce on the grounds of cruelty.

,

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can file a complaint with the police against the family of the boy for cheating and criminal breach of trust but you have got no prima facie case against them, so chances of registration of FIR under section 154 CRPC are very slim.

Only your sister should file cases against them as she is the one was actually suffered.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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