• Section 9 of hma

One human trafficker manage a marriage certificate from an arya samaj mandir in the year 2007 with me but I am a married lady since 2002. My marriage of 2002 is in healthy position till now. The human trafficker filled section 9 of HMA in the 2008 and started blackmailing me with my seminude photographs which he has created in superimposed way after downloading my good photographs from my facebook account. I was in tremendous mental agony and hardship. To save my family and to save the relationship with my husband I did the settlement in the court in sec 9 of HMA in the 2009 and gave him rs. 2 lakhs as the human trafficker told me that he will refund my photographs and never bother me in future. After keep silence of almost 1 year the human trafficker again filled section 9 of HMA and got ex party decree. and again started blackmailing me. Now my husband able to know everything and he is always with me. I filled a petition to set aside the ex party decree. and it is set asided. Then the court told that person to fill the evidence of alleged marriage. The party failed to do so. After that court told me to file my evidence and I have filled all the documents which shows the marriage between me and my husband since 2002 to till now. Now my cross examination is going on. The person is only showing the settlement of the first sec 9 of HMA to the court. Is this can be treated as proof of the alleged marriage by the court?
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Yes your settlement in the first case can be treated as proof. But the second suit on the same subject matter is barred by res judicata.

share the Settelment deed that was entered upon earlier 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also you may go ahead and file FIR against the said person for blackmailing you.

the Settelment in the previous case might go against you in several instances 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See you can file a petition before high court for getting direction for police to file FIR against said person for intimidation and threat .And making forged marriage certificate and blackmailing you 

See this is big issue and you should immediately take steps. 

You can contend before the court that first settlement was done under coercion and threat. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can contest same on ground that settlement was on ground of coercion and blackmailing.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file Cheating case Under 420,468 against him and also you can file Criminal Defamation and Civil Defamation  and claim Compensation. 

If you have any Proof Like Transaction id or any document relevant Evidence then you can file Recovery of money Suit and Demand refund of amount along with interest. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

if semi nudes pictures of yours have been superimposed on your other pictures and he is threatening you file case against black mailer under section 67A of IT act for theretneing to transmit your pictures 

 

2) there is no evidence of your alleged marriage 

 

3) you can always explain circumstances under which you paid him Rs 2 lakhs and did not contest the false section 9 field b6 him 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

Phone calls , messages , etc prove that the person was stalking you 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been tortured mentally as well as monetary.
  2. The settlement may impact on the evidence by you as it shows that in a wa that you have done something wrong and paying him because of your fault.
  3. Now, what you can do is that you may make a statement as you were afraid at that time, but again may not help you much.
  4. Now, I advice you to please show me the all documents, so that can understand as per the language of the settlement to save you from this litigation.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client,

Since your husband is in your support, file criminal complain for threat and extortion. Morphing your pictures.His case already failed for not able to prove marriage and even if it is assume that arya samajh marriage was actually happened still while subsisting of previous marriage , second marriage is void, never exited and no chance of reconciliation.

It was really bad on your part to agree for settlement previously. Well, it was all done under intimation and extortion and to save your existing marriage. Same put before court and file criminal complain.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The proof of settlement in the fist instance may be taken as an evidence to sujpport his pleadings, however you may insist on your marriage with your husband solemnised in the year 2002 and reject his petition stating that the so called marriage with him even if accepted is null and void in law since there persisted a mrriage as on that date.

You can also inform court that he threatened or blackmailed you with some photographs to be exposed before the world hence you were forced to accept his demand.

You can expose his deeds of the past by hich you were made to accept them under duress, the court should be convinced about the past deeds in order to get a favourable decision in your side.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

though i dont have any document to prove the blackmailing.

Even though you dont have any proofs to prove the same, you can add the same in your pleadings as well as in your chief examination

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer