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vetrivel (Personal)     17 May 2015

Fake marriage issue

Hi Experts,

Mysister working in USA and his colleague loved her one side. When she got engaged and return to india. colleague create fake whats app message and saying that they got married in USA and try to stopped her marriage but god`s grace marriage is happen to her. We asked the marriage evidence ehich is registered in USA but he dosent provide anything even he didnt give photos which is taken in USA during marriage. My sister already complaint againts him in District SP office under crime branch againts him. the problem is police is unable to take any action because that guys in USA. That guy is not an normal person he is torcher my sister daily through social media. Now he is trying to file a case in family court but he dindt provide any marriage certificate or photo taken on marriage day. he provide only whats app msg and one edited photo. please advice me whether this case will admit in court or how to deal further. 



Learning

 7 Replies

muhammed shahbaz cn (Csc )     18 May 2015

Brother, after hearing you I understand it is related to cyber law, according to IT act 2006 section 66A to E its a punishable offence and ipc section 354,504,509 can be charge to him. As he is US you could contact to indian embassy and they can help you if he is not an American citizen, if he is US citizen then better file a case in USA rather than complaining to indian police

vetrivel (Personal)     18 May 2015

Thank you Brother.

He is an Indian citizen only. The police is refusing to put FIR because he is not in India. And more over if we give complaint through online he is giving statement like case is in court so they ask us to deal through the court. But still he filed a case in court but that cases is not accepted by the court. 

 

He provided only one fake photo of my sister and some whats app message that he created through fake messanger. With this evidence court will admit the case in court?

Dr J C Vashista (Advocate)     19 May 2015

You are required to collect evidence of his earlier (as stated) marriage, if any and file a case of committing fraud and cheating upon your sister. However, if no such evidence is there, she (your sister) should speak to him to come out clean and not to create any such fuss in their married life.

However, moving to local police and/or court will damage the relation, love and affection. Help them to come out of such a misunderstanding, which is not so serious.

vetrivel (Personal)     19 May 2015

Thank you.

My sister didnt love him thats an one side love. My sister only gave complaint againts him in crime branch. That guy spreading news in social media like he married her already and he is not able to provide any evidence of marriage thats the problem.

T. Kalaiselvan, Advocate (Advocate)     20 May 2015

The relief lies only through a police complaint either in India or the place where he currently resides. You may see what are the feasible measures to take legal action against him i.e., whether in India or abroad.  Further if he has filed a case here in India, you can challenge the maintainability of the same through the documents he submitted to substantiate his claim.  Consult your lawyer on further issues. 

vetrivel (Personal)     20 May 2015

Thanks lot for you valuable feedback. We will already gave police complaint againts him. 

Biswanath Roy (Advocate)     01 June 2015

This platform is meant for serving legal opinions and advices to the poor litigants who cannot afford high fees of the experts, why you the people who can easily pay expertise advices are seeking our opinion?


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