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Ram__Kolli (abc)     02 August 2012

Intent to cheat, can a criminal case be filed in this case?

Hello All,


     I was married to a girl in India and she never told me before the marriage about her being manglik or her being in relationship with someone else. Kindly go through the attached files. The first one is what she posted on a forum and the second one is snapshot of an email she sent to one of my friends on the same forum. Is there a possibility for me to file a criminal case against both these people? There was no dowry involved and they have given us in writing on a legal stamp paper at the time of separation and they say even they had spent money in the marriage as well when asked for compensation of our marriage expenses. It would be helpful if someone could let me know what kind of cases can be filed on such people, I am not as much worried about the money as I am for the justice. The girl, myself and the other guy stay in the US on work permit.

 

Thanks.



Learning

 6 Replies

Ram__Kolli (abc)     02 August 2012

The second one is just a screenshot. I have the email the girl sent to the foresaid forum from her personal email that she has been using to communicate all along, even with other lawyers. Can the email proof be considered concrete enough?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 August 2012

If your consent to marriage was obtained by fraud - keeping you in dark as to an important and material circumstance then in that case marriage can be anulled if the petition was filed within one year of real facts being discovered.

On the criminal side of things you can initiate proseuction under the lesser variety of cheating S.417 - because they have by their fraudulent/dishonest representation induced you into doing something i.e marrying - which you would not have done if you had known the truth. However if they were merely silent about Manglikism it would be extremely difficult to fasten criminal liability, being silent is different from making an active false statement you see.

1 Like

Ram__Kolli (abc)     02 August 2012

Hello Sir,

 Please read the attached screenshot. She was planning to get out of the marriage after one and half year without having physical relationship, is that not intent of cheating a family? And also from the email she sent, had the other party not accepted her she says she would have stayed in the marriage. Is that not provoking someone to commit a mistake?


Attached File : 348953682 3 1.jpg, 348953682 m1.jpg downloaded: 182 times

Ram__Kolli (abc)     05 August 2012

I am not sure if what I ask comes under cyber law, but thought of asking though. Please see the attached email header of the PM she sent from the forum to my friend. It has "Reply-to" which is her personal email address she has been using to communicate with me. The "servername" is the forum name, the "username" is username in the forum and the ip probably would map back to her home. She sent me an email(2nd attachment) where she probably infers she never had intentions to stay in the marriage. I just wanted to know if I can make a case of it. I want to see justice done, more for the mental trauma my parents have gone through.


Attached File : 563010638 email header.jpg, 563010638 email.jpg downloaded: 150 times

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