• Fraud in the marriage

I got married recently to the girl through the matrimonial site, on March 5th, 2018 only among family members no social wedding was organized and we registered our marriage on 28 May 2018, since I am an NRI I didn't get a chance to spent enough time with my wife, When I came to celebrate her B.day on May and to register our marriage so that I can apply for her Visa to join me as early as possible. But just after 2 days of registration, she denied continuing our marriage without a reasonable cause. since then we are not living together, recently I came to know through my friend that her matrimonial account is still active and was updated last on 10th June but and they are continuously logging on site since March my friend have taken a screenshot of her web page with a date showing the last login. her family is not willing to initiate any talk to resume the marriage, I am now afraid that they might be fraud and they may demand money at the time of filing a divorce or they may put some false allegation on me or my family, what should i do to save myself from any such thing in future, can be file case against them under 420 or 406 or any other option.
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

Hello,

You can file a suit for annulment of the Marriage on the ground that the consent has been taken by fraud and simultaneously you may also file a criminal case of cheating on her.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file petition for RCR if you want your wife to return to her matrimonial home

2) only in exceptional circumstances can you file for divorce before expiryof one year of marriage

3) best option is to filefor divorce by mutual consent after staying separate for period of one year

4)if wife files false dowry harassment apply for and obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

as i understood that you have not spent a night with her as husband and wife after marriage and you have not cohabitate with her. if it is so, you can easily demand that the marriage has not been consummated, which is a valid ground to nullify the said marriage.

on the other hand if you two have performed all act and action as husband and wife, you send her letters of request for living with you at your work place repeatedly and asked the matter about the information as you gathered from your friend in polite language. if she deny to live with you at your work place and express any view about log in at matrimonial site, you may proceed for restitution of your conjugal right so that she compelled to deny for living with you and therefore you will be escaped from paying any compensation for divorce but your aim will be fulfilled.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

1. Whether the marriage was consummated or not?.

2. Assuming that the marriage wasn't consummated, then you can go for Annulment of Marriage, within one year of the occurrence of marriage.

3. In case the marriage was consummated, file for restitution of conjugal rights, since your wife has been living separately and has not joined you in your marital life. If inspite of a favourable RCR order, if your wife refuses to join you, then her refusal to join you can be used as a very good ground for you to obtain divorce from her.

4. If you have enough grounds to initiate action against her U/s. 420 or 406, you can go ahead.

Shashidhar S. Sastry
Advocate, Bangalore
4173 Answers
258 Consultations

5.0 on 5.0

1. Yes the act of your wife and in laws is really inexplicable and the actions are ominous to say to least.

2. The marriage certainly does not appear to be working and hence it is advisable that both of your dissolve it in an amicable manner. So make proposal to her on this issue.

3. Since one year has not passed from the date of marriage you can not go for mutual divorce but you can go for declaring the marriage as null and void.

4. please note no case u/s 420 or 406 IPC lies against her nor it is advisable to chase her unless all talks of compromise fails.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

Kindly note that in the facts and circumstances mentioned above by you, it is advised accordingly that the factum of your marriage suffers from no infirmity since it is a registered marriage.

Further, the only plausible allegation that you have against her to lodge a complaint against her for fraud and other relevant provisions is only on the basis of last login that she had attempted. Now whether this fact could at all be used triplicate someone for a fraud seems far fetched instruct sense of law. To.establish the fraud, an intention to deceive must be.established in the first place. Hence, there is not a strong likelihood of a fraud case against her.

Now since she has refused to live with you and doesn't want to continue the marriage or get it registered, you can wait for the time being and file a divorce case yourself. Moreover, to collect evidence you can start writing her polite mails to ask the reason for.her non cohabitation with you. Few months down the line, you can submit to.the.court for.restitution of conjugal rights by filing section 9 perition under hindu marriage act.

On account of fear of being asked for money, there is no legal answer or an advise i can suggest, but certainly you can oppose those allegations ( if at all It comes) in relevant times.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have surely been cheated by the girl as well as her family.

Secondly, even if there is some reason for not continuing the marriage then also she would not have been active on matrimonial sites.

Thirdly, yes, you should file cheating as well as divorce case on the ground of cheating and concealment of facts as well as not continuing the marriage obligations.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Sir file a complaint before the police station that wife has wilfully deserted and they are threatening for false cases. Further File a restitution petition before the family court on ground that she has wilfully deserted you even when you were trying for her visa.

Further if she doesn't want to continue marriage ask her that after completion of year you will take mutual divorce and she wont ask for alimony or maintenance make an agreement stating same you will know what exactly she wants then.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If you have got married with her on 28th May 2018. And she has deserted you without any reason on this ground you can send her notice to live with you or keep mobile phone recording or any evidence proof that you are asking her to stay or live with her forever. This will save you from any such false allegations which you have mentioned above.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If a false complaint is registered against you by your wife, you have two options either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong..

Collect as many pieces of evidence as possible

Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.

Collect evidence to prove that you have neither demanded dowry nor have taken it anytime..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You are cheated you need to file a case of section 419 420 and 406 against the wife and his family because she is not joining for conjugal you have all the right to file a conjugal right installation under section 9 of the Hindu Marriage Act . In case she joins you for that then you can take back the FIR against them

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

I advice you to meet your wife and ask in detail reason of not coming .Annulment requires a higher standard divorce,you must be able to prove.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Better than filing a case under sec. 420 straightaway, you should give a legal notice to your wife calling upon her to discharge her matrimonial obligations and forthwith join you in the matrimonial house.

If following the above advise does not helps, file a petition for restitutuion of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

you can file an FIR if you want to. But you cab stop them from filing false cases as they can be filed anytime as a counterblast of your complaint. Its important that what you want if you want her back you can file a petition of restitution of conjugal rights and if you dont want ou can file divorce. Mutual consent divorce without alimony will be a good option.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

1. Surely she will demand big fat to dissolve the marriage. Extorting money is the only motive with which she apparently married you.

2. You should file a petition for restitution of conjugal rights against her so that her claim to maintenance may be reasonably repelled.

3. Mere continuance of the matrimonial page after marriage is not a ground to initiate a prosecution under 420 IPC.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Neither section 420 nor 406 of IPC is maintainable.

Dont think of such ideas.

You can file a petition seeking annulment of marriage if your marriage was not consummated and she is refusing to offer conjugal relationship.

Otherwise you may have to wait for completion of one year to file divorce petition.

If she is demanding huge amount, you can refuse to pay her anything, let she approach court and file a maintenance claim on the basis of documentary evidences for the same, which can be refuted or repudiated properly.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. For filing any case or complaint, you shall have to obtain adequate evidence in support of your allegation.

2. If you can collect any evidence that vital fact of herself was suppressed from you by her while obtaining your consent for the marriage which you woukld notr have givedn, had the said fact been made known to you, then you can file a petition for annulment of your marriage within one year from the date of coming to know about the said fact.

3. If you can not collect any such evidence as stated above, you can file a divorce suit on the ground of cruelty after completion of one year from the date of your marriage.

4. Meantime, lodge a police compl;aint alleging that she is not willing to join you and is demanding money from you by blackmailing you with the threat that she will lodge false 498A complaint against you if her said demand is not fulfilled.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You should file for annulment of marriage on Grounds of non consummation of marriage and fraud committed by the girl.

Also, a complaint to the police under section 406 and 420 of the Indian Penal Code can be given against the girl and her family but based on the facts and circumstances narrated by you in your query, the chances of registration of FIR against them are very less.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

Dear Sir,in furtherance of my earlier response to your query, I further advise you that given in the peculiar facts and circumstances you may very well file RCR petition. On the point of her filing something against you, she can do so but I think.given the fact that she herself has hidden so much, she.wouldn't try to do that. You can file RCR at the place of your marriage and where she or you last resided together. We can discuss about this case in details.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

If wife is willing for divorce by mutual consent you should agree for divorce don’t insist on any apology

2) wife can file false case against you of dowry harassment / DV to harass you

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Letter from company would be of no help in your case

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Sir you have all the evidence and you have all things but still if she file case of false dowry.or.domestic violence it would be trouble.for us that is why it is required that if she is ready for mutual divorce take same and end this when she is not willing to stay with you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This letter won't help in materimonial issue the practical solution for the problem is just get divorce and be happy otherwise a lot of time energy money can be wasted in legal proceedings even when you are right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you may get the said letter from the company

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. There is no scope for one to declare while joining service that he/she has been engaged.

2. Filing of RCR is of no practical use since it will take years to be disposed of and even after being directed to join you, niothing will happen to her if she refuses to join you. Only benefit in the said circumstances is that you will get divorce decree easily if she does not join you with in one year of being directed by the Court hearing your RCR petition.

3. It appears that you have not gelled with her in marriage.

4. It might be prudent on your part to explore the possibility of accepting her proposal for MCD on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

5. She is not entitled to any maintenance since she is employed unless her gross income is less than 1/3rd of your net monthly earnings and in that case she will get the difference between the said two amounts toeards maintenance as per yopur status.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Such letter from your Company will not make any difference in the case to be filed by you.

2. You should audio/record the conversations you shall have with her father and herself in future which might stand as good evidence later on in support of your allegations.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

If you still want to file RCR you can file, but what will be the purpose solved by filing this, in my opinion it will be a waste exercise.

If you do not want to give her divorce, you may not agree for mutual consent divorce, she cannot marry anyone during the subsistence of your marriage with her.

She will not be eligible for maintenance as she is employed and drawing a handsome salary.

If she is filing any false case then you cannot stop her but can challenge the same properly

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Can a letter from my company where I am working which is registered in Ireland, stating that I have gone through an immense mental suffering, and emotional distress which I as his manager have observed personally, this mental suffering has affected my work performance as well as company performance to the client, seeing his state of mind we on humanitarian provided him with extra unpaid leaves to visit home country and resolve the issue. we also help him to arrange for the psychologist visits for counseling.

How is this letter going to solve your matrimonial dispute

Dont invite troubles more and more by adopting such fancy ideas.

You can face the cases when they are put before you until then you may just wait and watch the developments.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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