Dowry, extra marital affair and fraud marriage
I got married on April,2016. Mine was arrange marriage. After marriage bcoz of my job(Bangalore) I had to stay away from my husband for 2 months..but from July I started staying with him in Hyderabad. I left my job,career everything. But there was nothing normal between us àfter marriage.he used to fight with me for money,he used to ask for money. He never behaved like a responsible and sensible husband. From July when I started staying with him, somehow I had doubt that there is something that he is hiding from me. I started checking his personal file and everything. Then I came to knew that whatever information he had given regarding his job, salary,education everything was lie. Also he was having an affair with a girl. And unfortunately he didn't Inform that girl that he is married. I am really pissed off now. I don't know what legal step I should take..he has made my life hell from last 4 months. He always used to demand money directly or indirectly,he cheated on me, he and his family lied everything about himself,also he and his whole family insulted me and my parents . Also he used to threaten me. He was having an affair after marriage.kindly suggest what should I do..I want to punish him and get rid of this person
Asked in Family Law from Bangalore, Karnataka
1) file for annulment of marriage under provisions of HMA on grounds of fraud as your husband has lied to you about his education , job , income
2) you can also file criminal complaint against husband under section 498A , 506 of IPC for continuous acts of cruelty and criminal intimidation
3) petition for annulment has top be filed within period of one year of marriage or discovery of fraud
4) contact a local lawyer
1. You can opt for Annulment of Marriage, I.e., invalid marriage, in view of your husband's lies and misrepresentation to you.
2. As per your version he has played fraud on you and has cheated you, which is a valid ground for you to opt for Annulment of Marriage.
Having an affair after marriage is adultery, which is a ground on which you may file for divorce. Apart from divorce, you may also file for maintenance against your husband and also claim compensation for the adultery. However, to be able to apply for dissolution of marriage you have to wait for a year as a divorce petition cannot be filed unless a year has expired from the date of marriage.
Thanks for your response. If I opt for annulment of marriage, Can I claim the dowry amount that we have given during and after marriage? And also can i lodge a complaint against him and his family now. Will FIR affect in annulment of marriage??
Asked 8 months ago
You can claim dowry goven to husband at time and after marriage
2) you can file criminal complaint against husband and his family under section 406 ,498A for continuous acts of cruelty and return of your streedhan
1.If you are opting for Annulment of Marriage and if it is granted by the Court in your favour, then you can claim the dowry amount(If there is evidence for that).
2. Since you are seeking relief from the marital status in the form of Annulment of Marriage by approaching the Competent Court, your lodging a complaint at this stage would not be a wise decision.
1. You shall have to first ecide as to what do you want to do with your said matrimonial relationship with your husband,
2. If you decide to terminate the relationship, file a petition for annulment of your marriage on the ground of taking your consent for the marriage by suppressing vital facts like his education, income, runing affair etc. and had the said facts been made known to you before your marriage, you would not have given your consent to marry him,
3. You shall have to file the annulment petition within one year of coming to know about the fact he had suppressed from you otherwise it will be treated tat you have no problem for the suppressed facts,
4. You shall have to collect evidence of all your said allegations for filing the said petition,
5. You can also lodge a police complaint against him alleging adultery which, if proved, will send him to jail for 7 years.
1. You can file the annulment petition claiming all the amount he hd taken towards dowry,
2. You can also lodge police complaint against him u/s498A of IPC and also file a DV case against him,
3. These police complaints/FIR will not have any impact on your annulment petition.
You have file Domestic Violence Case and as well as dowry harassment, dowry prohibition act with cheating and dishonest case before your current residential jurisdictional police or concerned magistrate court for the harassment both mental & physical and cheating mated and mating to you by your husband and his family members. You have to approach the district protection officer along with a written complaint for domestic violence case. You have to prepare a detailed written complaint stating all the facts with regarding to harassment and cheating by your husband and his family members including your husband's affair with other girl. You can claim maintenance and expenditure for legal procedure. You can use his personal file, screen shot etc., as evidence. For get rid off from your husband you have to file a divorce case before concerned family / district court, but as per Hindu Marriage Act divorce can be applied after one year from the date of marriage. Since your marriage took place in the month of April' 2016 you have to wait form some time for getting divorce.
Annulment is not maintainable in the facts and circumstances narrated by you. You cannot claim the dowry amount as giving of dowry is itself an offence. A criminal complaint, not a FIR, will have to be filed as police cannot act without orders of the court.
you can get your marriage null and void under section 12 of Hindu marriage act. in Narayan Ganesh Dastane vs Sucheta Narayan Dastane it is held by the court that hiding of material information is treated as fraud and marriage is null and void under section 12
in S.Gopal Reddy vs State Of Andhra Pradesh AIR 1996 SC it is held by the supreme court that all the expenses occurred at the time of marriage and all the goods or gifts given by the bride shall be recovered by the bridegroom. you have to file a case under section 3/4 dowry prohibition act.
It is unfortunate that you are mde to fa this situation by your husband, but it is another unfortunate situation that yo may not be able to initiate any legal action on his character being in affair with another female rather adultery.
You should immediately restore your employment or look for a better employment elsewhere instead of depending on him for your needs.
You can turn down his requests for money henceforth and refuse to give him money for any reason even if he puts pressure on you.
You can file a domestic violence case agaisnt him and his parents for their behavior with you and also for cheating you and causing you mental harassment and stress owing to his false employment details and pressures for demanding money from you.
If your marriage was not consummated then you can plan to file an annulment petition also to annul your marriage due to his impotency.
You can come out of his house and can lodge criminal complaint for cruelty under section 498a in which you can include his parents too.
This will teach them a lesson.
If you know the address of that adulterer girl, you can inform her directly about his marriage with you and ask her to keep away from him.
If I opt for annulment of marriage, Can I claim the dowry amount that we have given during and after marriage? And also can i lodge a complaint against him and his family now. Will FIR affect in annulment of marriage??
If marriage is consummated then you may not be able to file annulment petition.
It will not be maintainable on this ground.
However you may pursue other criminal cases against him including dowry demand and harassment cases