• Fraud case on wife

Hi all,
I got married in Dec 2017, my wife is gov employee as staff nurse, after marriage she stated arguments in small smal things and then blame me. Her mother is advocate and my wife was baptised converted christian in 2010. Which i was not aware of. When I saw one affidavit of baptized conversion i feel offended as i am Hindu and this was not been told by anyone frm her family we got married by Hindu rituals and after that we have not registered our mrg. Once my mom got brain tumor nd after surgery my wife left our home and continue to stay in government alloted quarter and forcing me to stay with her as she is pregnant. But i am the only person in my family who is taking care of my mom and dad frm last 3 months as my dad is also epliptic patient. Now they are blaming nd either to stay with her on her choice or get divorce. I am middle class guy and do not have enough money to spend on such thing. But i want to know can i file a fraud case against them. Coz they hurt my sentiments
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

You can definitely file a fraud case against them as non disclosure of material fact before marriage that she had converted to Christianity amounts to criminal breach of trust and cheating under section 406 and 420 of the Indian penal code.

 

Also, you can file for annulment or seek divorce on such grounds.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

  1. Yes you must file a criminal case of fraud against her. Alternatively, you can sue her fraud too. However, you cannot​ do both. So choose. 
  2. As she was baptized and you were married under personal laws, it's not a valid marriage at all. It's void ab intitio marriage ie invalid and illegal from start. This means there's no question of seeking divorce as there's no valid marriage. Legally your status remains as a bachelor. You may choose to move the family court seeking a decree for annulment of marriage (this is different from divorce). However, this is not mandatory. You remain a bachelor even without this decree. If you solemnize your marriage to another girl, you won't be prosecuted for bigamy as your first marriage is void ab intitio.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1) it is in your interest to agree for mutual consent divorce 

 

2) in the alternative file for anullment of marriage as wife has suppressed fact that she was Christian at time of marriage 

 

3) for valid hindu marriage both parties need to be Hindus 

 

4) your marriage was would be nullity as wife was Christian at time of marriage 

 

5) don’t file any fraud case as wife would in counter file case of dowry harassment against you 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

You can go for annulment if they have defrauded you. You may not be directed by the court to pay ailmony. Fraud case can be filed in Criminal Court but it will take lot of time and money 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1)Freedom of religion in India is a fundamental right guaranteed by Article 25-28 of the Constitution of India.Every citizen of India has a right to practice and promote their religion peacefully.
2) As per law your wife can covert to any religion, you can not file fraud or cheating case against her.
3) you can file divorce and it is a good ground for divorce, Conversion is a ground for Divorce, under the Hindu Act.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. This is material suppression off act which makes the marriage a sham one and hence on this basis you can file a suit fr nullity of marriage.

2. However since such suit takes time and may lead to slew of false cases to be filed by her, it is advisable that you propose for mutual divorce and amicably settle the dispute.

3. Such amicable settlement may costs you money in the form of her permanent alimony. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can file a case of cheating and criminal breach of trust along with anullment of marriage as your wife was not Hindu at time of the marriage .

Further obtain the copy of such baptism certificate and file as proof of her conversion that they hide from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Yes, you can file fraud case against them as those people have not inform you regarding her legal religion. And now a days they are forcing you to live separately from your parents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You first have to decide if you want a divorce or don't want a divorce, because the outcome of filing cases will most of the time end your present family life.

 

The question you got to ask is how are you going to prove that she had converted to Christianity was not disclosed to you earlier? Also, since you have not registered your marriage, you cannot claim she lied to you. Perhaps you could try gwtgett her employments records and see if she says she is a hindu. Anywhere after the marriage she has said she is a Hindu will be your evidence. So first do the ground work and then draw your conclusion.

 

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

No fraud can be filed on this.

You can file a contested divorce case on the same grounds besides cruelties.

Discuss with your advocate and proceed as advised.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Sir,

Please come up with all the documents, so that we can find the loopholes.

If it is a fraud surely we can proceed with nullity of marriage and compensation.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

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