• Divorce from a fraud person who lied about his job and education before marriage

Hello.. 
I was married in May 2015(arrange marriage registered in his native place Dehradun. He had send me his biodata mentioning that he is M. Tech from Stanford University and earning well at 1 lac per month in L&T company. (I have his email of biodata which he had forwarded from his mother's email ID and his mail also). Both his parents are senior teachers in private school in dehradun.
For about 10 months he lie after every two days that I am going office . He took gold loan on my jewellery (which later he returned two years back after several warnings). He borrowed lacs of ruppees from his cousins & friends (I have bank statement and his cousin n friends call recordings). I had to left my job in Rajasthan due to marriage and after marriage he told that we need to get settled in Goa as i have been transfered there (But his actual plan was Goa is a solitary place). 
After 10 months of marriage, I came to know (with his behaviour) that he is actually an unemployed and just a 12th pass. I have proof of this and his recorded phone calls of confession. 
When I enquired about this from his parents and close relatives, they also said that we were unaware of this. Even his real brother and his wife told that they were unaware.
His brother and bhabhi told that they have a flat in goa and it is rented but later i came to know that it was also fake.
I know that his family is also involved as one of his close friend told me that all old school friends know this and many-a -times, they have also communication with his mother that why he is doing nothing .
 Now I am living separately from last 3 years. 
He had taken 2.5 lacs in his bank soon a day after marriage from my mother. Now, He is working in a BPO in Gurgaon and earning about 40,000 per month. I amdoing my startup business (a partner firm) earning about 15000 per month.From last three years i want not socially and financially ready for this.
I want to take divorce now. 
For this, I want advice from you that how many maximum charges I can file against him and against his family for this and under what sections Can I file a 420 (after three years gap). (I don't want to proceed for mutual divorce).
 Please advise.
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

Instead of getting into a criminal case be a good idea to go for divorce straight away and file a divorce case in the family court along with the maintenance on the ground of cruelty and non compatibility and providing the wrong informations about the job and educational qualification.

If you are not happy in this marriage then what is the point getting into this kind of problems and better to find out other ways to live your life as you are looking too in case you can persuade him to go for a mutual consent divorce anybody good idea and it will be a good divorce so that you can leave your life peacefully

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello, 

In the facts and circumstances described by you, you can clearly file a case of divorce on the ground of mental cruelty and may claim alimony. 

There has been a gap in reporting the crime, but still you may go ahead and do the same under section 498A, 420, 406, 504 and 506 of IPC 

Get in touch with a lawyer before filing the FIR. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

the fraud committed by non-disclosure of the mental status of the spouse is infringement of condition 5(ii) of the Hindu Marriage Act,1955 that makes the marriage voidable under section 12 of the Act. The other spouse with who the fraud committed can apply for annulment of marriage on this ground under section 12 and get the marriage annulled by decree of nullity.
The other legal relief that the persons who feel cheated can lodge the complaint against the persons who committed the offence of cheating with the police and get them prosecuted for the offence of cheating under section 420 IPC.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can file FIR for cheating. You can seek annulment from the said marriage on basis of false information and fraud committed by the husband.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you could have filed for annulment but a lot time has elapsed after you became aware of the said cheating and fraud.

You can file a case for taking dowry in account from your mother under Dowry Protection act , along with domestic violence, cheating and breach of trust with police. 

Further a divorce petition can be filed on ground of cruelty against the husband and maintenance can be claimed,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file fir divorce on grounds of mental cruelty 

 

2) husband lying about his educational qualifications, income amounts to mental cruelty and is ground for divorce 

 

3) you can also file case of cheating against husband and his parents if they lied about husband educational qualifications and his income 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Madam,

- Advisable to file petition for divorce at your location whereever you are based at under Hindu Marriage Act 1955 U/s 13 ia stating mental cruelty against other party.

- You have other remedy also available, U/s 12 of Hindu Marriage Act 1955 to make it "Voidable Marriages" with Sub Section 2 (ii) also under section 5 (ii) with reference to condition of marriage.

- File the petition u/s 498a of CrPC (Husband or relative of husband of a woman subjecting her to cruelty ) and Us/ 125 of CrPC for maintenance.  Do ensure to file both the petition together. 

- Besides, having my other senior counsels advised do avoid any further action on him as it will hurt you only indirectly. Rest incase you wish, you can complaint the police station for 420 under IPC against other party with all the available proof in hand. 

- Do hire good lawyer. All the best with your case.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

 Dear Sir,

It is better to file a divorce case on the ground of mental harassment in Family court and ask for huge alimony as a compensation and Cheating case u/s 420 IPC in police station.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

It will be cumbersome to agree that his parents, sibling and even relatives were not aware about his educational and occupation status. They all are involved in the conspiracy to settle their unsuitable kid by faking bio data.

You can file criminal complaint against all u/s 420 and 406 IPC even now. Recovery of money given/incurred on marriage and alimony too.

His fake bio data details will be the best evidence to grant divorce as marriage is solemnized by playing fraud. Many other grounds will also add in divorce petition.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.You can file a criminal complaint of cheating,  criminal breach of trust, cruelty, demand of dowry against husband/in-laws 

2. You can also file for divorce based on above contents, 

However,  there is a possibility of annulment of marriage as your consent for the marriage has been obtained by cheating

 

A detailed discussion maybe fructify for you 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You cannot lodge a criminal complaint agaisnt him for cheating you by giving false information while marrying you.

If you do not want to continue the marriage then you may file a contested divorce agaisnt him on the grounds of mental cruelty and in the pleadings you can plead his character, fraudulent claims about his studies and employment etc, his other tortures and many more which may be circumstantial.

Discuss with an advocate and file the divorce case. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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