• Used marriage as a tool for easy money

In 2017, I met him on matrimonial website. I was 30+ years and was getting a lot of pressure from family to marry. I wanted to marry a non-smoker and non-drinker and was finding difficult to get such a person. He projected himself as the most innocent man on this planet. He had four sisters and that made me believe that he would understand what marriage means for a woman. He took money from me to get possession of a shop that he had purchased so that he could give the shop on rent and get married to me. He took possession of the shop but in kept delaying the marriage with some or the other reason. In 2010, he disappeared. I tried contacting his mother and sisters but they did not respond. I filed police complaint of cheating. He contacted me and told me that he had went into hiding in some village as he had threat to his life from local goons from whom he had taken money. He married me in the village temple and his friends had taken a video clip of the marriage. He promised to come back to Mumbai soon but continued staying in that village citing reason of local goons still searching for him. Though I had taken my police complain back, the police arrested his mother and produced her in court. For this, he blamed me. I paid all the court charges, his mother made me sign on stamp paper that all my money was returned and I was not married to him. I did everything I could at that time to get his mother out and though she was released on bail the case to quash FIR took another 5-6 months for which I paid. After that he always kept blaming me. After marriage I left my mother's house as I was now expected to live in my husband's house. But he did not come to Mumbai. So I took house on rent and stayed alone. The landlord and brokers used to ask for marriage certificate but whenever I asked him, he made excuse that he had lost his pan-card and driving license and will register the marriage after he comes to Mumbai. Then he said that he had got into a big trouble with the local politician who had trapped him in a false case and he had to pay him money. He used to call me once in 15 days and all other time his phone was switched off because he was afraid of those local goons tracing him. He took a lot of money from me saying that once this problem is solved he will come and stay with me. From 2013 to 2016 he took lakhs and lakhs of money from me. Whenever I spoke about going to police, he taunted me and made me feel guilty about going to police everytime. In May 2016, he came to Mumbai but did not stay with me. He took my car and went to stay with his mother but expected me to give him money to start business as he did not want to do job. I gave money but within a week the money was spent and he did not feel any remorse about it. He took my car saying he could not move openly in Mumbai as the local goons were still searching for him. Also, he said he will start travel business with the car. I had already taken huge loans to give him money and all my salary was going in paying his EMI and when he refused to take up a job and instead sit at his mother's house entire day, I questioned him. But everytime I asked him anything he simply blamed me for giving him tension. After 6 years of staying alone and giving him so much money to enable him come back to Mumbai, he still made me stay alone. He did not make me meet his mother or family. When I asked him for marriage certificate he refused saying that I will file a Dowry case in case I get marriage certificate. He reduced my status from wife to a live-in partner. I found this very disrespectful and was too shock to see 9 years of my trust being broken. In Sep-2016 I got paralysis and I informed him and requested him to come and take me to doctor. But his response was unexpected. He did not come and instead switched off his mobile and since then is not in contact. His refusal to give me marriage certificate, has brought a lot of disrespect to me. And when I got paralysis, his disappearing act hurted me more. Now I realize that he married me in 2010 only to get out of the police case. Later he kept blaming me for the police arresting his mother and all these years he took revenge by abusing me mentally and financially. He also kept taunting me that I married him for his 1 BHK house. Whenever I tried to explain him that the money, investment, house that I spent after him would had anyways got me a bigger house than that, he abused me and my mother. He spoke the most dirty thing about my mother and sister and said that he said it out of anger. I tried to be as good as a wife possible and tried to do all my duties of wife to keep this marriage, but it was always a one-sided effort. I married to give happiness to my mother but instead had to listen to dirty words against my mother from this man. Even during illness, I had to continue job as I could not afford to lose the job as I had to pay EMI of loan taken for him. While I struggled so much, he used to sit and watch porn videos day and night, move around in my car, spend my hard-earned money lavishly. He made me wait 3 years for marriage and then next 6 years to get the basic happiness of living together with husband. He never wanted marriage but he was still on matrimonial website to fool women and take money. Can I file a case of Cruelty and Fraud? How long is the case expected to go on assuming everything that I said is 100% true? How much will the advocate charge for such a case?
Asked 8 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) file police complaint of 498A against husband for continuous acts of cruelty

2) file for divorce on grounds of mental cruelty

3) if you have wedding photographs and marriage invitation card you can file for divorce even if marriage is not registered

4) there is no future in your relationship

5) if your husband dies not contest you would get exparte divorce within one year

6) contested divorce takes around 5 years

7) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

court would punish him under section 498A for his continuous acts of cruelty

2) in your divorce case seek reimbursement of amount spent by you on your husband

3) I presume you have the record of money advanced to him and money was advanced through cheques .

4) however please note that 498A cases take around 10 years to be disposed of and contested divorce cases around 5 years

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

Your apprehension seems to be misdirected.

Do note that unless your dispute is resolved mutually by way of amicable settlement legal intervention remain only option and in that you have to reliance on lawyers and I may confirm all lawyers don't handle case for minting money.

Devajyoti Barman
Advocate, Kolkata
23117 Answers
505 Consultations

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1. It is clear that he was/is a fraudster who married you for the sake of money. So you can now file a petition for dissolution of marriage on the ground of cruelty and desertion against him.

2. A criminal complaint for cheating and breach of trust can also be filed against him, but to maintain a 498A complaint you have to prove that he harassed you in relation to dowry.

3. You can also file a case under Protection of Women from Domestic Act, 2005 to claim maintenance and monetary compensation for the domestic violence suffered by you at his hands.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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