• Help needed

Hello,

I was married by paperwork only (No marriage in gurdwara, mandir etc). She wanted to come to USA only and thus the false marriage. She was already married prior and had two daughters which were not disclosed to me. She did a fraud marriage with me and USA rejected her application. She then filed papers saying I owe her 20,000 rupees per month. I need help. I filed the original case against her for fraud. She also has a boyfriend as she is divorced from the 1st husband. Please help me get out of this so i can visit India. All this happened in 2009/2010 years. I am a USA citizen and has not gone back to india for fear of being arrested falsely. Thank you.
Asked 8 months ago in Family Law
Religion: Sikh

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18 Answers

File for anullment of marriage on grounds of fraud that wife has suppressed fact about her earlier marriage and that she had 2 children from said marriage 

 

2) petition for anullment should be filed within one year of discovery of fraud 

 

4) if more than a year has passed file for divorce on grounds of mental cruelty and adultery 

 

5) make her boy friend co respondent in divorce case 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

- If your marriage is not registered or solemnized as per Hindu or Sikh customs ,then how she is claiming to be your wife . 

- Further, even if there is marriage was solemnized , then also this marriage can be declared as null and void after filing a declaration suit  before the family court on the ground of concealment of facts at the marriage .

- Further , if she is blaming you , that she had lend you amount , then after producing the proof/evidence of lending amount , she can recover the said amount from you after filing a civil suit and not criminal case is made out , and further after passing 3 years from the date of lending amount , the limitation to file a case is finished 

- Hence, why you have apprehension that you may face trouble at the time of coming to India. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

The marriage without following the prescribed rituals of the community / religion is actually null and void 

Besides you have discovered that she was married earlier and have two children out of her previous marriage, the fact which was material for the marriage with you was suppressed, hence marriage deserves to be annulled, however if the date of knowledge of the issue is more than a year you cannot file a petition seeking annulment of marriage.

Since your marriage took place in the year 2010, the next best option before you is to file a divorce case on the grounds of mental cruelty and desertion.

If at all she is filing a maintenance case, you may challenge the same on the basis of void marriage

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

Details are required to be examined. Since required documentary proof are there which were also seem to have been submitted to authorities also so now it would be difficult to deny the marriage. Further, it would also be difficult to disprove the same. It is more than 15 years have already expired so there is inordinate delay also. Situation is required to be handled strategically otherwise authorities would also be after you for fraud etc which would adversely effect you.  Consult with detail, if so required so necessary step could be taken in order to achieve the required relief. 

Siddharth Srivastava
Advocate, Delhi
1268 Answers

5.0 on 5.0

Which city she has filed case ?

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

Dear Client,

Section 18 of the Indian Divorce Act enable husband or wife to present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.

You can approach a lawyer for filling a suit against revoking the marriage.

 

Thank You

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

First of all, you can file an online police complaint against her for a false allegation about where you are going to visit in India.

 

Secondly, you can file a fraud and mischief case against her. Don't worry at all; you can visit India, and do keep all evidence ready while coming to India.

Ganesh Kadam
Advocate, Pune
12933 Answers
256 Consultations

4.9 on 5.0

You can contact me with telephonic consultation through kaanoon so that I can help you better understanding entire facts of your case

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

She would have filed for maintenance in India and got the Ex-parte decree in her favor that’s how she’s claiming that you owe her Rs.20,000,  As this is a quasi-criminal case it is highly unlikely that you’ll be arrested. You can be asked by the court to pay maintenance at worst if you are unable to pay it then it can be recovered from your property, However you can challenge this decree in court in India and get it set aside on the ground that your wife is living in adultery with her boyfriend as according to  catena of Supreme Court and High Court judgements adulterous wives are not eligible to receive maintenance and it is also a ground for divorce, also you can file civil as well as criminal cases against her for the fraud, cheating and abuse of process of Law in India, and I would advise you to also initiate divorce proceedings against her as soon as you come to India, also if you have doubts that as soon as you get back to India she’ll file false criminal case against you in that case you can apply for anticipatory bail in advance and if you get it from court you will not get arrested in India and you will also be able to pursue your matter and clear yourself from this situation. For further Advice I’ll need more information from you. Also, you should hire some local advocate to check if any case under 498A IPC have been file against you and once it is confirmed you’ll be able to visit India freely.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You have a case of fraudulent marriage by your wife, who concealed her previous marriage and children from you and married you only to get a visa to the USA. She also filed a false claim for maintenance against you after her visa was rejected. You have filed a case against her for fraud and want to get out of this mess.

Some of the possible actions you can take are:

  • File a petition for annulment of marriage in the family court having jurisdiction over your place of marriage or residence in India. You can seek annulment on the grounds of fraud, misrepresentation, and concealment of material facts by your wife.
  • File a counter-claim against your wife’s maintenance petition and challenge her claim on the grounds of fraud, desertion, adultery, and lack of jurisdiction.
  • File a criminal complaint against your wife and her boyfriend for cheating, bigamy, forgery, perjury, and criminal conspiracy under relevant sections of IPC.

I hope this information helps you understand your options better. However, this is not a substitute for professional legal advice. You should always consult a lawyer for specific guidance and representation regarding your case. Do you have any other questions about fraudulent marriage or family law?

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

Dear client and sorry to hear that but in the skies you can go ahead and file for enrollment of marriage. An annulment of marriage can be sought on grounds of fraud, coercion, undue influence, or misrepresentation under Section 19 of the Divorce Act, 1869, Section 12(1)(c) of the Hindu Marriage Act, 1955; and Section 25(iii) of the Special Marriage Act, 1954.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

Lawyer can draft the case but filing has to be done by local lawyer in Punjab only 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Yes, a different from a different state of India can file a case in another state also, if necessary he can take the assistance of a local lawyer to follow the filing process pertaining to the local circumstances.

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

Yes, subject to facts of the case, cause and jurisdiction. 

Siddharth Srivastava
Advocate, Delhi
1268 Answers

5.0 on 5.0

No

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

- Legally, a lawyer can appear in any court of India 

- Hence, you can engage a lawyer of any state for appearing in other state matter

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear Client,

Yes, either spouse can file for divorce in the court of the area where they both last lived together.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

Yes

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

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