Ahe was in a relationship with her boyfriend and married you. File a criminal complaint against him and your wife for cheating fraud and criminal breach of trust.

She is not entitled to maintenance as she is in an adulterous relationship with her boyfriend.

A divorce petition on grounds of adultery should be filed by you in the family court.

Regards 

1.  This may not come under fraud as far as criminal law is concerned since adultery is no more a crime, however if you have evidence of her continuous adultery activity i.e., even after marriage then you can file a contested divorce cae on the grounds of adultery but you may have to wait for one year to complete the marriage to file the contested divorce case.

2. If you evidence for this cyber crime then you can lodge a criminal complaint against him for this offence.

3. You cannot claim back  the gifts given to your wife, it becomes her stridhan.

4. What case are you intending to file against them, you can file a contested divorce case alone.

5. If she is not employed now then she may be granted with the maintenance amount.

6. If you file a counter case the nit will be a problem for you for having admitted to take dowry from them, they can escape saying that you pressurized them  on dowry or else  their daughter's life was at stake, hence dont take any hasty steps.

7. No, because there is no defamation cause by her by lodging the criminal complaint.

8. No there is no provision in law for that.

9. If you re bail then if you dont attend the court after knowing the hearing date then the court may cancel the bail and a non bailable warrant may be issued, hence better be in touch with the concerned police about this.

10. No.

11. Where is the money that you have lost?

On what account you can file a recovery suit?

Ascertain the facts and decide.

12. No, that has no bearing on this hence the acquittal of 498a case cannot make any impact on the 125 cr.p.c. case.

You can file case against your wife and bf. Also file divorce on basis of adultery. But proving cheating and honey trap in court is very difficult. You can try but the success rate is very less. Yes you can file defamation recovery cases and all other cases against her only after your acquittal or discharge or quashing of FIR. No summons are served through police station and they need to file report. 

1) you can file case of cheating against wife and her boyfriend 

2) no case under section 406 of IPC is maintainable for recovery of birthday gifts 

3) if your email, messages  have  been hacked you can file case against her boy friend under IT act 

4) if there is substantial differences in your incomes court can order you to pay her maintenance 

5)wife  guilty of adultery is not entitled to any alimony or maintenance 

6) your sister and brother in law can file case of defamation against your wife 

7) if dowry harassment case is priced false wife cannot be denied maintenance 

8) you can file for divorce on grounds of mental cruelty and adultery against your wife 

9) if you are able to prove adultery wife will not get maintenance 

1. Adultery s no more a crime and hence no criminal case u/s 497 IPC can be filed against her boyfriend anymore.

2. However for hacking your social media a/c you can lodge complaint with the Cyber Cell on which basis FIR can be registered and he can be arrested.

3. IN 498A there is no merit as every marriage gift can not be treated as dowry and as FIR is registered you should get bail easily,

4. Then go for quashing on the basis of proof of her infidelity.

5. After your acquittal you can file suit for damages on the ground of malicious prosecution. 

Dear Sir,

My answers are as follows:

1. Is this not a fraud (420) case? Marriage done by honey trapping me.

Ans: You cannot bring effective criminal action against your wife but you can get divorce easily. Secondly you can initiate criminal action against that guy because he enticed a married woman.

2. Isn't my wife and her boyfriend did cyber-crime who was read my personal chats, black mailing me and forcing me to give her divorce? What legal action can I take against both of them?

Ans: The Court may or may not accept such allegations and you can make out an offence under Section 498 of IPC against that guy.

3. Intentionally wife’s parent put engagement date on my wife’s birthday date to get double gifts which I objected. I gifted watch and Sister gave gold chain as her birthday gift. Can we file 406 IPC for recovery of B’day gifts at least?

Ans: You can include as many offences as feasible.

4. It has been almost 2 years. So still can i file case? Is there any way or law by which i can file case against her, her bf and her family and get them punished for their crime?

Ans: You can file upto three years of commission of offence.

5. Can judge order for Interim Maintenance even in Sec 125? Even wife is more educated than husband and was working before marriage?

Ans: If she is earning member equal to you then Court may not award maintenance.

6. Wife filed 498a that they gave me dowry of 1 lakh INR via cheque then can I also file 498a against from my place for giving dowry which was marriage expense but girl’s family saying it was dowry?

Ans: You cannot file dowry case because it is settled by the Supreme Court that such cases should not be accepted by husband side.

7. Lower Court has removed my Sister and Brother in law name. Can they file any case against my wife ? Like defamation case from their local court?

Ans: They can file defamation case against your wife under Section 499 and 500 of IPC.

8. After winning a false case filed by Wife then can claim the recovery of loss of money in litigation, travel, loss of pay from company, Trauma caused?

Ans: Normally such suits ended in dismissal.

9. If judge has summoned me as I see in Court order but never received summon then is it possible for wife to get 498a summon disappear so that opposite party never receive? How to find that if that has happened? Any legal action can be taken?

Ans: You can engage advocate and get appropriate records.

10. Can I file case as per law of tort? Is it applicable in Indian Law to recover all the loss?

Ans: In India law of tort is not being used regularly and in only exception such compensation may be granted.

11. Adultery i.e. 497 has been scrapped by SC then can I still file civil case for recovery of loss money?

Ans: Supreme Court says you cannot file such case but it will be a ground to get divorce immediately without alimony to wife.

12. If 498a declared false, then 125 will also be declared false on basis of false 498a case?

Ans: It all depends upon evidence produced by you before you Courts.

Dear Querist

My opinion on your queries are as under:-

1. Is this not a fraud (420) case? Marriage done by honey trapping me.
Opinion:- It is not a fraud as there is no cheating for performing the marriage, but it can be adultery or cruelty and on this ground you may file a divorce case against her before the family court under section 13(1)(ia) of Hindu Marriage Act-1955
 


2. Isn't my wife and her boyfriend did cyber-crime who was read my personal chats, black mailing me and forcing me to give her divorce? What legal action can I take against both of them?
Opinion:- You may file a criminal complaint case against him for hacking of your phone before the cyber crime branch of police.


3. Intentionally wife’s parent put engagement date on my wife’s birthday date to get double gifts which I objected. I gifted watch and Sister gave gold chain as her birthday gift. Can we file 406 IPC for recovery of B’day gifts at least?

Opinion:- No, You can not claim those gift, there is no case is made out against them under section 406 of IPC.

4. It has been almost 2 years. So still can i file case? Is there any way or law by which i can file case against her, her bf and her family and get them punished for their crime?

Opinion:- Except Divorce case and cyber cell case, you have no legal remedy against them.

5. Can judge order for Interim Maintenance even in Sec 125? Even wife is more educated than husband and was working before marriage?

Opinion:- Well education and working before the marriage is not a parameter for refusing the maintenance, if she is unable to maintain herself and there is no actual earning/income of her then she will be entitle to get maintenance from you which can be 1/3 of your income.


6. Wife filed 498a that they gave me dowry of 1 lakh INR via cheque then can I also file 498a against from my place for giving dowry which was marriage expense but girl’s family saying it was dowry?

Opinion:- You have no right to file a case against them under section 498A of IPC as this section is related to the women only. but you may file a criminal case against them under dowry prohibition act.


7. Lower Court has removed my Sister and Brother in law name. Can they file any case against my wife ? Like defamation case from their local court?

Opinion:- Yes, they may file the defamation case against them before the criminal court or before the civil court too.


8. After winning a false case filed by Wife then can claim the recovery of loss of money in litigation, travel, loss of pay from company, Trauma caused?
Opinion:-yes, you may file a criminal case against them for malicious prosecution and claim compensation too.


9. If judge has summoned me as I see in Court order but never received summon then is it possible for wife to get 498a summon disappear so that opposite party never receive? How to find that if that has happened? Any legal action can be taken?

Opinion:- You have a right to get summons and if you are not able to received the summon than no need to appear before the court, it is your legal right to get summons of the case.
 
10. Can I file case as per law of tort? Is it applicable in Indian Law to recover all the loss?
Opinion:- yes, it can be.


11. Adultery i.e. 497 has been scrapped by SC then can I still file civil case for recovery of loss money?
Opinion:- Yes, as above.


12. If 498a declared false, then 125 will also be declared false on basis of false 498a case?
Opinion:- No, section 125 of Cr.P.C. is related to the maintenance and litigation expenses only but if the contents of both the case are the same than her petition can be dismissed.

Feel Free to Call

Filing case for recovery of money is a possibility but please keep in your mind that she is your wife and you have all D responsibility to maintain her even if she had any relationship in past you have to face the cases filed by her and as you have been deserted so you have the option to file rcr in your city against your wife at this point of time as soon as you get the degree in our CR you can file divorce petition in your city Court eventually you have very few options to take any penetrative action against your wife and you will not be able to prove that the chats and pictures which was shared with the boyfriend of your wife is anyhow damaging your reputation and it will also be very difficult to prove that  a case of 66a information technology act will be made out

1. 420 is not made out by any stretch of the imagination in this factual scenario. Your case is that she was in a relationship with someone else and also had a live in with him which was concealed from you by her. This does not come within the ambit of Section 420 IPC. The remedy in your hands is to file a petition for annulment of marriage or for divorce.

2. Your wife must have shown all her social media conversations with you to her boyfriend. Unless it is your case that she or her boyfriend hacked your account, no case under IT Act is made out.

3. 406 IPC is also not made out.

4. Interim maintenance can be awarded in 125 Cr.P.C. Education of wife is not a disqualification to her getting maintenance, what has to be seen is whether she is earning or not. Despite sound educational qualifications people do not get jobs.

5. 498A cannot be filed by husband.

6. Once 498A is either quashed by High Court or you are acquitted then you may sue her for damages, not before it.

7. 125 and 498A are separate cases which operate in their independent spheres. Even if 498A is quashed wife can still get maintenance.

Fraud is tough to prove until you have recording of them saying this but can apply for divorce on the ground of adultery.

No cyber crime.

No 406 on her until it is proved you have been cheated.

Can file but hard to prove.

Adulterous wife not entitle to maintiance.

You can tell this was marriage expanses as nothing is contributed by them.

No case by sister and BIL.

Can file defamation suit once her cases dismiss.

Summon will receive no issue , wait.

No tort in this situation.

NO

nO

yes you can file cheating case. 

you can file complaint before cybercrime. 

once gift given it cannot be taken back. 

you can file divorced on the ground of adultery she cannot claim maintenance or alimony from you. 

your sister and brother in law can file defamation case against her. 

Yes it is case of fraud. 

You should lodge FIR under cyber crime act.

You should file case for annulment of marriage as well as criminal complaint under section 406 IPC for criminal breach of trust and fraud.

In case you win annulement case you can claim all gifts back. 

It depends on discretion of court.

Yes they can file suit for defamation against your wife.

Yes it is case of fraud. 

You should lodge FIR under cyber crime act.

You should file case for annulment of marriage as well as criminal complaint under section 406 IPC for criminal breach of trust and fraud.

In case you win annulement case you can claim all gifts back. 

It depends on discretion of court.

Yes they can file suit for defamation against your wife.

1. You can file an annulment petition on the ground that vital fact that she was in relationship with a third party has been suppressed from you to get your consent for marriage and had the said fact been made known to you, consent for marriage would not have been given by you.

2. You can not accuse her father to put marriage d ate on her birth day and claim back the gifts.

3. Marriage expenses at your place is to be borne by you. So, handle this dowry case carefully.

4. If she is highly educated and capable or earning, she is not entitled to any maintenance from her husband.

5. No appropriate and fruitful legal action stands against your wife at this stage other than the aforesaid annulment petition.

Dear Sir,

You can file a divorce along with filing a criminal case of cheating, adultery etc.