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Nirmal Singh   30 January 2025

Concealment of information

 An Indian passport holder girl having legal status in abroad was forced to conduct Court marriage with a boy having illegal status in that country in 2020 by the parents of the boy by using every tactics, allurement, illegal motivation, false promises, threatening by the boy to commit suicide if she didn't give her consent for court marriage with him. The parents also visited abroad for getting the illegal status of the boy converted to legal status. The girl was told not to disclose court marriage to her parents. She was made scared about the consequences of informing her parents. The boy's parents also didn't informed the parents of gir. After court marriage the resident stuts of the boy become legat. When the boy and his parents started demanding dowry and harrassing the girl mentally, emotionally and economically then all of sudden the boy send court certificate to the parents of the girl after 4 years which put them in shocked condition. After 3 years of court marriage boy and girl visited india.what offences against boy and his parents are made out and what procedure to be adopted.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     30 January 2025

She can give a criminal complaint against him and his parents for dowry harassment and also DV case against them seeking protection. 

She can also file a contested divorce case on the grounds of cruelty,  cheating and fraud. 

Consult a lawyer and proceed as suggested. 

1 Like

Nirmal Singh   30 January 2025

Whether her parents can file criminal case under section 420etcin Indian court???

T. Kalaiselvan, Advocate (Advocate)     30 January 2025

Her parents can lodge criminal complaint on behalf of her based on the authorisation she had given them for his purpose

1 Like

Nirmal Singh   31 January 2025

Thanks ЁЯЩП ЁЯЩП 

P. Venu (Advocate)     06 February 2025

The girl was willing party to the proceedings. Law does not stipulate the consent or prsence of the parents during the ceremony or registration of a marriage. As such, facts as to marriage registration does not make an offence.

Admittedly, the marriage took place outside. As such, Indian laws are not applicable.

Of course, she can initiate criminal action for dowry harassment.

1 Like

Sudhir Kumar, Advocate (Advocate)     12 February 2025

Partially agreeing with above views I will add as under.

 

Being Punjabi I can feel ground reality as well.

 

You have tried to portray the girl as thoroughly innocent.

 

You have told that she was forced to marry.  How forced/ allured / motivated / FALSE PROMISE? When forced/ allured / motivated / FALSE PROMISE? By who forced/ allured / motivated / FALSE PROMISE? Why forced/ allured / motivated / FALSE PROMISE?

 

Such marriages do happen aboard on price.  I she was having legal status she is well expected to have sold that status to illegally entered boys.  This is not the first such case.

See movies in Punjabi "рдЬрдЯреНрдЯ & рдЬреВрд▓рд┐рдпрдЯ"   "рдЪрд▓ рдореЗрд░рд╛ рдкреБрддреНрдд" hindi movie "рдЖ рдЕрдм рд▓реМрдЯ рдЪрд▓реЗрдВ" all boys (Indian/Pakistani) are in search of  "рдкрдХреНрдХреА рдХреБрдбреА" for marriage and willing to pay price (economic/moral) and do to pay price.  Scholars have said рд╕рд╛рд╣рд┐рддреНрдп рд╕рдорд╛рдЬ рдХрд╛ рджрд░реНрдкрдг рд╣реЛрддрд╛ рд╣реИ

Funny.  She was forced/ allured / motivated / FALSE PROMISE to marry and not forced/ allured / motivated / FALSE PROMISE to disclose marriage to her parents.  She did so. She is herself morally guilty for fooling her parents.

 Given facts do not at all show any crime on the part of boy as far as marriage is concerned. The girl may be guilty of fraudulent marriage as per law of the country where she is.

You have stated FALSE PROMISE  which itself raises a strong      suspicion that she has not been paid price of marriage as promised.

You have also tried to hide the country where such thing has happened.

The Indian criminal law applies to all the Indian nationals whether in India or outside.  You have not stated nationality of boy and girl. 

 You have also not stated whether parents of the boy in India are in abroad.

 

It may be difficult for some dowry demand accused to be called back on dowry demand because the action should be crime in that country also and dowry demand most probably is not a crime in any other country.  However extortion is a crime in every country.  If the person has committed crime in other country and the action is crime in both the countries then he can be extradited by long and tiresome process.  Once brought in India he can only be charged for extortion as dory demand will not be ground of extradition.  If his parents are in India and then demanding dowry then the can be charged of all the offences.

 

 

 


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