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Dipankar (Software Engineer)     25 August 2012

Fraud marriage

I got married on 7th May 2011 in Delhi. Soon after my marriage my wife started acting strangely. Started fighting over small things and asked for divorce.

In Sep 2011 she said that her mom was sick and was admitted to a hospital in Delhi and she has to go there to take care of her. After a few days she said that her mothers treatment will take some time so i have rented a small place near the hospital as she did not want her relativesto come to our place.

Then one day she said she needed the household equipments like the washing mashine, Fridge, TV etc for few days and she will come back after a month. Every month I started to demand for money and if I was short she started fighting and asked for divorce. As a husband I triedto calm her doen and triedto fullfill her wishes to the best of my capasity.

In march 2012 i told her that it was enough and she needs to some back but she refused and said that she wanted Divorce. I tried to convince her but she wouldn't listen. Since then she completely cut off all connections and when my parents contacted her she said that she will not come back and she she wanted out without any leagal procedures. 

Giving in I agreed for the divorce but now she is not showing up at all and some of her relatives are saying that she married someone else. 

I am in a complete fix. I don't know where to look for her and how to get out of this marriage.

Please suggest.



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 August 2012

 Dipankar Hi, 

 

In my opinion :-

1. If you feel your wife has married someone else, you should try getting to substantiate that fact by collecting evidences. If she has you can institute bigamy proceedings against her by filing a complaint case u/s 497 IPC. Bigamy would also work up as a ground for divorce as it is cruelty of a very grave kind.

2. In order to cover up her wrongs, your wife may try implicate you and your family in false dowry cases at Delhi, where she is residing at the moment, it would be a good idea to start sending out protective intimations.

3. Read bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/  on how to protect you and your family from a 498a case. 

 

Good Luck !

 

Regards


Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

1 Like

S. Deepika (Lawyer)     25 August 2012

Mr. Dipankar,

 

am wondering, why you did not file any case for missing complaint for your wife. also mention in the complaint that you have apprehension that she might me under somebody's custody (whoever you suspects). file a complaint immediately if your story is true and you are innocent. otherwise you may be in soup, if anything happens to your wife. if in case, police is not able to trace your wife, you can file a HCP before hicourt to produce your wife. then upon the courts order, police will bring your wife before the court. then the entire drama will come to an end.  first meet some criminal lawyer soon.  

 

regards

S.Deepika

Advocate

7838534488

Adv. Nikhil Seth (legal consultant (9867264707))     25 August 2012

Dear Dipankar,

 Try to find out where she is or file missing compaint against her . Than once yu find her file divorce petition . That is essential for you. Other wise if you plan to resettle your life this will coma as an hindrance to you. File for mutual consent divorce it will be quick and less hassles. If you dont find her at all file haebus corpus in high court  , she will be produce in court by police.

 

Adv. Nikhil Seth

Dipankar (Software Engineer)     25 August 2012

Respected Sir and Maam. Thank you all for your guidance. The way she acted up I felt this was all a set up from the beginning for money extorsion. I consulted Lawyers and everyone said that I should go in for a Mutual Divorce in which case we will have definite course of action. They suggested if she asked for money settle if out of court and nullify the clause of Alimony. 

I told my wife that if she agrees for a Mutual Divorce I was ready to put an end to this. She agreed but when the date came to go to court to file the pitition she failed to show up twice and made up a story on both occasions. When I tried to set up the date for the third meeting i realized that she has turned off all her cell phones. I contacted her relatives and they said that she was not reachable to them as well. I asked them to kindly commnicate the dates to her but since then i have not been able to establish contact.

 

Prior to this when I tried to convince her to come back she told me that she will file a complaint against me and the laws are favorable to women. No one will listen to me, same was communicated to me by the lawyers and they told me it will be quite complicated if this was to happen.

 

I would like to go to the police and file a complaint but then it will be up for a toss. What comes out of it is completely out of my control. Looking at how she deceived me,I can understand that this was well planned and I dont know what else she has up her sleeves.

 

All of my savings was used up by my wife and she mounted heavy debts on my credit card as well which are causing me a lot of financial difficulties.

 

Should I still go for a missing person complaint through a Lawyer and get an anticipatary bail as a caution?

I am in Noida (UP). Can you please suggest how long and how much this process my cost me.?

 

I really appciciate your help and suggestions.

Thank You.


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