Reg RCR and Marriage expense.
Ranganath
(Querist) 12 January 2009
This query is : Resolved
Our marriage had lasted for only 5 days, and there is an allegation
that I had sent an SMS from my mobile to her mobile that I entered
into the marriage under pressure and I was infact interested in
another girl. I came to know about the complete SMS in the police
station where she had attached a copy of the chat SMS which they got
by bribing the mobile service provider. The chat started by asking
me if i had married her under pressure.
In this case they have to prove that it is me who has sent it,
though the SMS is from my mobile. What actually happended was her
father first came to our house and took her mobile during that she
was using my mobile. Looks like they have done this in consultaiton
with a lawyer in their own house.
Learned members of this group,
1. What can be the possible decision on my RCR petition.
2.Will the judge give benefit of doubt in her favor and say that
there is reason for her desertion and RCR cannot be ordered.
3.Can they claim marriage expenses in that case. IS there any such
judgement.
4.Based on the same SMS message there is an FIR u/s 420 alleging
that I deceived her to enter into the marraige without having any
interest to marry her.
5. Is this a cognizable offense requiring police investigation on
whether I had married her under pressure. There is forged allegation
of dowry demand in complaint but the offense is not registered under
DP act. In the FIR she had mentioend that I refused for nullity and
expressed her unwillingness for re-union.
Your advise and suggestions are highly appreciated.
Thanks
Srinivas.B.S.S.T
(Expert) 13 January 2009
Hmmm your query seems to be a bit confusing about sending the SMS issue Sir, any how
1) just basing on a simple SMS the RCR case cannot be decided, both parties to the case shall adduce evidences on their respective sides.
2)No way
3)they cannot claim marriage expenses in RCR petition and they have to file a separate petition for that, however she can claim maintenance pendentilite under Section 24 of HMAct in the RCR proceedings.
4)you can seek the quash of FIR as there in no intention of cheating on behalf of you. If you have promised to marry her and fails to do so then there is a chance for attributing 420 and 417 of IPC but a big no in the circumstances explained by you.
5)be glad that there in no case against you under Section 498-A and be prepared for the same at any moment.
feel free to ask if you have any further queries.
Srinivas.B.S.S.T
(Expert) 13 January 2009
mmm your query seems to be a bit confusing about sending the SMS issue Sir, any how
1) just basing on a simple SMS the RCR case cannot be decided, both parties to the case shall adduce evidences on their respective sides.
2)No way
3)they cannot claim marriage expenses in RCR petition and they have to file a separate petition for that, however she can claim maintenance pendentilite under Section 24 of HMAct in the RCR proceedings.
4)you can seek the quash of FIR as there in no intention of cheating on behalf of you. If you have promised to marry her and fails to do so then there is a chance for attributing 420 and 417 of IPC but a big no in the circumstances explained by you.
5)be glad that there in no case against you under Section 498-A and be prepared for the same at any moment.
feel free to ask if you have any further queries.
Ranganath
(Querist) 13 January 2009
Dear Sir, This FIR itself is registered after one month of the first complaint as I refused for nullity. I am not able to believe that they can pursue another criminal case with a1together new allegations to attract provisions of 498A. My guess regarding the FIR u/s 420 and not under DP act or 498a is that we have mentioend that we attended joint counselling before coming to the police. Police having regard to that they did not file 498a. If you still think they can come up with new story of the 5-day marriage, I will have to file extortion and criminal intimidation soon. Is that a good idea. I have AB for 498a and DP act.
Pls let me know how to send private msg to you sir further to this.
PALNITKAR V.V.
(Expert) 14 January 2009
Dear Ranganath, If the other can manage the SMS to acheive their goal, they can go any extent like filing a case u/s 498A. It seems that your wife is not interested in preserving the marriage. Of course you can file a criminal case against them saying that they have managed to use your mobile and send a false SMS defaming you and thus commited offence of personation. But you have to prove it ! I think it the wife is not interested in marriage, it would be wise to go for settlement.
J K Agrawal
(Expert) 17 January 2009
Dear Mr Ranganath
All these thing that you have sent SMS or not or who sent it are not of great importance. The main question is that if your wife want to live with you or she has a reasonable excuse to live apart. the SMS episode is of no avail for any purpose.
ritu bhadana
(Expert) 03 April 2009
i agree with mr. agrawal
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
