• Fraud in marriage

Sir మాది పెద్దలు కుదిర్చిన వివాహం 
నా పెళ్లి సమయానికి నా భర్తకి చనిపోయిన తన తల్లి ఆస్తిలో 1 acer భూమి ఉంది ఇళ్ళు ఉంది అని చెప్పి నాకు పెళ్ళి చేసారు . అందుకు బదులుగా మా దగ్గర నుంచి 4,00000 లేఖ నగదు కూడా తీసుకున్నారు 
కానీ నేనూ పెళ్లి చేసుకొని వాళ్ళ ఇంటికి వెళ్ళే సరికి నా భర్త గార్డియన్ అయినా వాళ్ళ అమ్మమ్మ వాళ్లు నన్నూ అదనపు కట్నం కోసం అడిగారు నేనూ నా భర్త కి ఉన్నా ఇళ్ళు కోసం అడిగితే అవన్నీ అబద్ధపు మాటలు నీకు అబద్ధాలు చెప్పి పెళ్లి చేశాం అని చెప్పారు నాకు ఇప్పుడు ఒక కొడుకు కూడ ఉన్నాడు నేను మోసపోయాను దీనికి లీగల్ గా ఏదైనా చెయ్యగలన
Asked 11 months ago in Family Law
Religion: Hindu

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9 Answers

Need transalation in English 

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

You can go for annulment or divorce in the said matter. You can seek maintenance for you and child in the said case

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

File police complaint of dowry harassment against husband and in laws 

 

can  you prove cash payment made by you 

 

you can also file for divorce on grounds of mental cruelty 

 

seek sole custody of your child 

 

 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son/daughter.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

If they have taken dowry and are demanding additional dowry then you can very well lodge a criminal complaint against them for this with the local police and take proper legal action against them.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If they have lied you about his property and other details and also if they have indulged in other criminal activities against you including dowry demand, besides a police complaint you can very well decide about filing divorce case also if the situation is no more feasible to continue this married life. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

You have strong legal grounds to take action under Indian law:


1. Cheating & Fraud (IPC 415, 420)

  • Since they lied about property to deceive you into marriage, you can file a criminal case for fraud under Sections 415 & 420 of IPC.


2. Dowry Harassment (Dowry Prohibition Act, 1961 & IPC 498A)


  • Additional dowry demands after marriage are illegal. File a 498A FIR against your in-laws and husband for mental harassment.


3. Restitution of Money & Compensation

  • You can file a civil suit to recover the ₹4,00,000 dowry amount and seek compensation for the fraud.


4. Maintenance & Child Support (Section 125 CrPC & Hindu Marriage Act, 1955)

  • If your husband is not supporting you financially, claim maintenance for yourself and your child.


Steps to Take:


  1. File a police complaint (mentioning fraud, dowry harassment, and cheating).
  2. Approach the District Legal Services Authority (DLSA) for free legal aid.
  3. Consult a family lawyer for filing cases under IPC 420, 498A, Dowry Prohibition Act, and Hindu Marriage Act.





For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2206 Answers
17 Consultations

- Since, they have concealed truth facts and lie for the property etc. then you can get divorce on this ground from him.

- Further, you can also file a complaint against them for the demand of dowry before the women cell , and an FIR can also lodged against them as well. 

- Further, you can also claim maintenance and residential right from him 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

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