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(Guest)

Fraud by NRI through a marriage website

NRI man contacted an Indian girl thru matrimonial website and did not disclosed his criminal record and other marriages as well as his health status. He came to India , married the girl, and after 5 days of "holiday marriage" absconded deserting his wife without any further contacts. Under which section of cyber law does this crime come. What action can we take from India against him. He is canadianPR and UK citizen. Pls help



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2011

first of all mistake has been done by the girl's parents. Before marriage they could have make an enquiry but believing his words they destroyed one life. To take any legal action against him it requires full details. HOw come you say he has given his details correctly. Girl can file a criminal case against him, let her file a complaint before the police.

Roshni B.. (For justice and dignity)     29 March 2011

wot was the need to marry your girl thru a matrimonial website,that too to an unknbown person living somewhere abroad,whose background and family background is unknown?

if u were so eager to get ur girl married to an NRI,it wud have been more sensible to marry her in a well known family,which had a good reputation and was recommended by ur aquaintances

act in haste,repent in leisure..

 


(Guest)

""wot was the need to marry your girl thru a matrimonial website""-

 

To extort money by 498a.


(Guest)

Agree with rajiv and roshni.


(Guest)

To extort money,will they not have to spend so much money themselves on lawyers' fee,etc?

Suppose they spent 10 lakhs total in marriage.Then additional,say 1 lakh in paying lawyers.

Total money spent =11 lakhs

Even if they plan to extort,say,20 lakhs from the boy,the boy,being an NRI will rather shell out money to hire a highly reputed lawyer+pay police,etc. rather than pay the girl.

 

Girl's party may succeed in,say "extorting" just Rs. 15 lakhs,ie,Rs. 4 lakh extra.

Do you think,that to get just 4 lakhs,they will invest so much time,energy and money?

 

Where is the profit?

 

 

 

Tajobsindia (Senior Partner )     29 March 2011

@ Author

Instead of searching for IT Laws of the land the remedy lies in using correct provisions of Family Law for which pertinent facts are missing from your briefs other than cyber matrimony arrangement fact;


Que. 1:
What are the religion of bride and groom?

Que 2: Which city the marriage took place?

Que 3: Just after marriage where the bride and groom stayed to celebrate their marriage?

Que 4: Does from groom side any of his 'relative' joined in the marriage?

Que 5: Does girl side have physical address of those 'relatives" ?

Que 6: Is the marriage Registered as per Law?

Que 7: Does the bride's side have valid bills of expenses of marriage and 'stridhan" List as per Rules?

Que. 8: Does the bride’s side have Xerox copy of Passport of groom?

Que. 9: Does the bride’s side have patience to go through slow paced Family Law to get “justice” for this lady in question?


If it is all right then only state para wise answers to some of the immediate questions we ask to prospective litigants as in-chamber discussions and remedy exists under various Family Laws and various writers comments here being besides the point the cause of action shall be formulated once answers forthcoming on above questions if volunteered by you.


See a lady shall not remain 'remediless' is my view no matter what she gets or not but if she claims to be aggrieved in public forums then all her top to bottom aggrivement shall be removed by advising legal remedies as per existing Family law framework and there are no dearth of ld. Advocates here in LCI who can come forward to assist this lady in question post is my reasoned view instead of chuckling her out summarily..........

1 Like

Roshni B.. (For justice and dignity)     29 March 2011

if ALL the BILLS of marriage expenses and STREEDHAN are UNAVAILABLE  with the bride,can they still be claimed in court?

 


(Guest)

I had come here to have a remedy for my sister.. even this tragedy can happen in India...and there are so many instances where within a day or two of marriage the husband abandons her even in India...We have registered FIR both in India and Canada. and I am thankful to other forums apart from this who helped me out and we are now in touch  with canadian police as well. He is a criminal record holder...you might read/watch this story shortly in media..

You all should give remedy here not demoralise the person who has been a victim.

Tajobsindia (Senior Partner )     29 March 2011

Originally posted by :Roshni B..
"
if ALL the BILLS of marriage expenses and STREEDHAN are UNAVAILABLE  with the bride,can they still be claimed in court?
"

@ Roshni

I was right in pointing yesterday that 'my time has about come here in LCI" .....


Off all the gyan all these days I tried sharing it seems lots of it went overboard especially with you when you ask above innocent question reminding me that my English is still tough to crack by larger public here
J


With above colourful comment I hope you are saying that the "empty Johnny Walker bottle consumed on reception evening is added in stridhan list and bechara groom side still has to run helter shelter to black market to furnish the same at CAW cell since NOW IT IS added in stridhan list!"


Same way your question is 100% legal logical a gospel truth question only if the Legislature expunges the Maintenance of List of Stridhan as per List clause from The Act.


I explicitly also mean to say in simple English language that a Indian adult as per Law is presumed to know Crl. / Civil Laws and ignorance of either and or both nature of Laws of land are no excuse so if bills and or List as per Law not there then why shall you claim is my innocent counter question now……..
JJJ


PS.: You here is generic if it can be construed innocently so!

Roshni B.. (For justice and dignity)     29 March 2011

 

 

@ tajobs

 

sorry to say,but many members at LCI(wont name them) say that your write ups are hard to understand.

 

not that u use difficult english words,but the way u combine them, one cannot make out wot u r saying/trying to say.

 

in my previous post,i did not refer to LIST of streedhan and marriage expenses.

 

i simply asked about BILLS of say,gold jewellery of bride and of marriage expenses.

most of them dont exist with the bride,can she still claim all the streedhan and marriage expenses as per the list prepared by her?

during marriage,parents make lists of all such expenses in their diaries...but  throw away the bills,as they never imagine that the marriage will break.so while the list still remains,their proofs in form of bills are gone..

so,if the girl manages to produce only 30% of the bills of streedhan and marriage expenses i wonder if she can still get back all these expenses as per the list or does she get only those expenses and streedhans back,whose bills have been produced?

 

ignorance of law must be an excuse.u keep saying women shud know all these facts

 

 u tell me,where is legal education been given to the common man?

 

is it it newspapers?

 

is it in radios or TV?

 

Is it in schools and colleges?

 

If it's LCI,do all internet users know of LCI???

 

and wot does a girl do,if she is being mislead continuously by her lawyer that only those streedhans and marriage expenses can be claimed,whose "bills" exist with her?

 

the same statements are being repeated by the mediator also( as had happened in my case.so i got just 20% of my items back)

 

please dont say that everyone is expected to know these intricacies...if u still expect them to know,that means u expect girls to have some supernatural powers that they will "know" everything just like that...god knows "HOW"

 

Tajobsindia (Senior Partner )     29 March 2011

@ Roshni


One has to know Law to understand my write ups ! A tall statement but I am that way what can I do. This claim besides the point aap baaz nahi ayengi desh ki akhil Bhartiya nari ki uljhan suljhaney ke liye chalo this also besides double point I am using my last bandwiddth in this post to tell last time how to claim stridhan in simpler format and read and understand in URBAN way and not in rural way and at the end I am giving reasoning also why in this solution I excluded rural ladies out and don't come back to me with confusion of rural wife's superimposed into urban wife's bze both sets are totally different solution wise!



For all urban dukhiyari naris :-|


1. With your suit file photos of wedding. Now don’t tell me that both of you got married when power shedding was there
J Arey bhai flassh camera suna hai ki nahi aaz ke jamaney mei yeh bhi eik cheez hoti hai. A wedding CD as well as wedding pics contain the status evidence of both families.
Reasoning: The sari and jewelries worn by Indian urban brides tell tales of status of her side of family. Assuming with such chutzpah gifts of say sofa, washing machine, fridge, color TV must have exchanged hands to HIM / his side! So you have a list already there which can be seen from the pics of wedding.
No Court can deny if perception peddled rightly atleast these 4-5 items. So there comes half truck load at CAW cell.


2.
With your suit file pics. of reception. The guest devouring gol gappas and gajjar halwas shows a prudent Magistrate that these guests must have give to bride and or to groom customary envelops of cash and gift wrapped kind items
Reasoning: The minimum 150 wedding guests to 550 guests obviously will not come empty gate crashing like me so they gift to bride such as table lamps, clocks, fountains, crockery sets, cushions, bed linens, kitchen sets to fine banarasi or kanjivarum saris to customary suit lengths aab itana Magistrate nahi samjhe ga to usko Law school janey ko kaho (ops sincere sorry Lordship).  



3.
With your suit file pics. of bride returning home on all those customary occasions.
Reasoning: Indian custom is such that a bride after first visit is not sent empty handed and it is obvious that she carries with her gold / silver items and with above two pic. sets how much jewelry she brought to grooms family is more or less conjured into conscious of Magistrate and if he can’t fathom that then fault lies in your ld. Advocate pleadings and not in system I will say this much.   


All above three paras now besides the point tell me why Indian (has been) urban brides have still fixation for gold / silver when all above material items to her stands besides the point and they still say THAT LIST is MY ONLY fixation, why (can’t you see I have already made a truck load of stridhan and in second hand market it is still a handful of money worth)? The answer is; no urban wife in litigation tells the real truth irrespective of family status that is why the Johnny Walker anecdote is added in all my standard replies to such bald questions. I don’t see any true cases of urban wife’s till date and mind it I have experience of some 3K plus cases which is quite substantial in 8 years of litigation. Hope this much simple English is understandable to all un-named friends of yours including you who find my simple legal English not upto your likings which again is besides my point of view !


Now for
all rural asalai mei satayi hui naris


1.
The rural setting is always frowned to live in poverty no matter even if Mc Donald’s just inaugurated their 1101 outlet in Chikmangalore ! So it is a Indian legal maxim that a rural wife I mean real wife from rural setting can only afford 10 wedding guests which includes a sarpanch plus a motorcycle to give as gift to groom now it is gensets as social changes seen in Bihar State (simple reason being when no electricity there in home then what all TV and fridge will work on so gensets demands in Bihar have skyrocketed and it is now being sold in black during wedding seasons) !
Reasoning: Have you seen any citation of any Court where there was a great tamasha on Stridhan List of asali mei bechari rural wife case! Atleast I have not read till date a good citation of rural wife (other than 500 or 1000 maint. waley) and you may differ but that is the real fact on stridhan and thus making of 406 / 498a both IPC which was later hijacked by urban wife’s to settle scores or use it as legal terrorism masala. The rural wife’s tell the real truth unlike their so called gospel truth peddling counterparts in urban
India
settings.



Here I am ending my gyan covering your last few lines on Legal knowledge by saying below:
Illustration: Suppose you have a second hand car, do you read Motor Vehicle Act from cover to cover before driving it first time. No na but you still occasionally jump red light! A police person asks for your license and you peddle, saying that you did not know the Law on red light jumping! My que. here is does he buys your argument kya ! Same way a adult Indian person is supposed to know what is wrong and right in life and that is when codified is called Law and for dispensing a codified sutras of righteous life a gyani person sits on a high dais and besides him is a fine blind folded figurine holding a scale (tarazu) and it tilts when you say gospel truth vs. the absolute truth and now the gyani person starts giving his oral Order……….that is Law and to see and appreciate this fine figurine in a Court you need not have to come to LCI or read newspaper or watch TV or go to a school and or overburden Law Ministry to allocate more funds to eradicate such gender biased family Laws all these are within YOU.


Understand all above or discard all above paras as you may please but the truth will always remain absolute truth under ambit of Family Law which is too personal a affair like European romance and this concept is new to Indian setting and brought only during Muguls time (re.: Akbarnama and later codified by British India) and nothing else, it is all in interpretations and the more a persons becomes Shakespeare or Premchand in early life the early he / she understand street smartness of leading a pious life that is one need ot follow simple right and wrong in life that is Law that’s its interpretation in simpler way to all yoru friends who fail to understand my English 
J.


Search 20% within, you will find the happiness instead of still searching for rest of 80% as it was afterall never yours.........


Amen………………


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