Hello. I need your urgent help. I have done my B Pharmacy in 2012. My parents got me married to Vaibhav on 15/06/2014 as he stated himself to be Diploma in Mech Engg. and working as a permanent employee for 25,000 salary per month. We did not do any initial verifications pertaining to his documents. But after marriage he failed to get every months salary. As i was working in medical i only ran my house my paying rent. Due to continous pressure of my parents on him, he has confessed that he is 10th pass. Now I want to get divorce but he and his family are threatening to destroy my family. Also he has sent letter of baseless allegations on me and my family. So it seems he is not willing to give divorce easily. So should I go for 420IPC and 498 A IPC on him? I want to get rid of this mess ASAP. so what should be done?
Asked 3 years ago in Criminal Law from Sangli, Maharashtra
Hi, have details discussion with him and his family, ask him to agree for mutual consent divorce. If he fails to agree, then explain him the repercussions and options available for you to get him punished for his wrong doings.
Take professional help if required to convince him for mutual consent divorce
1. Since your husband had misrepresented his educational and employment status to you before marriage you can apply for divorce against him.
2. You can lodge a police complaint against him if he threatens to destroy your family. Furthermore, if you or your family threatened then you may seek protection from the court.
3. You can file a case for cheating against him.
1. This is a clear case of cheating and fraud but not strictly in criminal sense.
2. You can file suit for nullity of marriage on this ground.
3. You can file case u/s 498A as well but I may inform you that no case of cheating under 420 IPC lies.
4. You can mount pressure on hi to give divorce in default of which you may warn him to bring the criminal litigations. This ploy should work.
Thanks for your prompt response. As of now we are doing following steps:
1. Have approached women cell for matrimonial dispute in police station to seek their help. As per the process, they would call husband and his family and would do their interrogation pertaining to cheating and domestic violence.
2. Based on their interrogation they would prepare the report and submit it to SP so that husband and his family can be brought under 498 A and 420.
3. This would mount pressure on their family which would let them to give divorce.
Please let us know if we are on right track. Thanks in Advance.
Asked 3 years ago
1. You are not proceeding in the right direction.
2. Taking out legal proceedings for divorce should have preceded the filing of a police complaint.
1. Try to collect some evidence of his or his parents harassments on you preferably on dowry issue by audio recording conversations,
2. After that file a police complaint u/s498A and 420 of IPC,
3. Also file DV case against him and his parents,
4. After that file a divorce case on the ground of cruelty and claim adequate alimony from him.
1. You send one complaint letter through speed post to the local police station under copy to the S.P.,
2. After that visit the police station alongwith women cell people,
3. If police refuses to take action, file an application u/s156(3) of Cr.P.C. praying for a direction upon the police to investigate and act based on your complaint,
4. Do not completely depend on women's cell and sit idle.