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anil   28 August 2016

Girl married me by hiding past & s*xual relations with bfs

Hi Experts,

I met a get on internet portal and within 3 months of discussion I married her in front of my near and dears with approx 100 people from my side, From girl side only 5 people attended marriage. Problem started after 2nd week when i got to know that she was having affair since she was getting calls in late night,after after some time I came to know that she was having s*xual relation with 5-6 guys in last two years (2014-2015) and done engaugement/roka/shaadi with other four guys from 2005 to 2012. She was mentally disturbed and done some consulting for two months in a big hospital.I have clearly asked girl,brother,dad before marriage that if any past like this she has kindly tell else if known I will leave, Total family denied this and girl clearly told she is virgin and no mistake or bad history/past in her life.

So they did cheating with me and now when I asked to give anulment / divorce on fraud and mental cruleity , they approched CAW cell and lodged 498a and 406 complaint , it is at CAW cell , Fir is not registered , I told that i can return what she got from her parents as stridhan , but they are demanding 40 lakhs approx with divorce on ground on harrasment by husband.

Experts , Kindly suggest me what should be my case and reply and how can I get anulment, I have consumed marriage only 3 times after that i was out of station and then i got to know the history of girl.

I have few watsapp msg , call recording and past boyfriends discussion where they informally accepted that she was living with them and also booked few hotels for 1-2 nights and fully enjoyed.Hotel booked as husband and wife but in actual they was only BF-GF.

In bullet points

1.wife hided past s*xual intercourse with BF

2.wife hided her engaugement/roka/shaadi ( gving proof is difficult at present for me)

3. wife hided mental desease

4.wife told incorrect DOB, ( no prooof of actaul dob, only relatives told me )

5 wife approached CAW and asking 40 lakhs approx with case as harresment by  husband and DV act

6. can i get anualment , in my family history not a single divorce done so my reputation is stake and family insult is always there.

 

 

 



Learning

 34 Replies

anil   28 August 2016

Dear Expert, Thanks for reply. Girl's past marriage is difficult to prove as i m not able to get marriage certificate , might be they have not registered it.only i have photogragh of her last three functions with three different guys, one of guy i contacted he accepted marriage but clearly told me that no one from his family can come to court to tell the truth due to his personal life and threat from girl side as they are economically week, he provided me few more info and pics , he told me that she was admited to hospical for mental desease , i went to that hospital but they refused to give any document and details of patient. Guy told me that he given 5 lakhs approx to settle case and girl/girl family are doing this from last 6-7 years , they change thier residence very frequently ( like delhi,mumbai,pune,bangalore noida and now they are planing to go abroad with all collected money). she is having UK Visa which she got from my company as i applied her w.r.to spouse dependent category valid for next 2 years.I m planing to cancel her visa but my company is asking for valid court order or any govt proof of separation for filing cancellation of her visa,since at present she is my leagl wife in eyes of company.

in bullets ...

1.at present past marriage is diffcult to proove only i have photos and few persons contact number but people are not ready to confront her in court/police due to samajic insult and they have forgotten it do not want any more insult.

2.she is having UK dependent visa valid till 2018 given by my employer, employer is not ready to cancel it without any proper documnet.

3.they keep changing residence and mobile number , bank account etc. to avoid tracking or investigation

4.medical proof of past is not given by hospital due to thier NDA policy

5.My friend catched her in a mall in pune few days back with a new guy roaming around till late night. might be her next target.

6.It resembles in a movie like dolly is shaadi where heroiene and family are in this business.

7.mostly girl catches IT / software guys with good earning and well settled only son family ( all three previous guys are one son in family.

8.my marriage is registered in GOI. and with my employer.

9. i have few FB.watsapp,mail conversation,recordings of past boyfriends and hotel location where she spent nights before my marriage, but layers and friends told this proof will not work since it wast past.

10. i have phone recording with her BF and brother after my marriage where she is accepting her past and future plan to extract money from me by false 498-406 case.

11. now girl is at her parents home (rented).

12. in caw cell she told I/O that give 40lakhs because she got a good caring guy to marry. I/O is asking me to do compromise asap and go for MCD , I will get mcd in 2-3 months , if i contest CAW will forward my case for FIR and I will get jail and heavy fine.

13. I'm the only earning person in my family, all other are very old and cant go here and there, so its very difficult situation for mr to carry job, go to CAW and support my family. I m in Private job so if i get a jail , there is possiblity of loosing job and UK work permit.

kindly suggest me best possible way to tackle this situation as i m feeling totally traped , girls family recorded my all conversation from day one and girl has made note of all my savings , property etc..., she took all gold with her but shared demand sheet with many items which was not gvien to me till date, might be they have billls also , might be they arranged it or bought and sold in olx with some discount.

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 August 2016

You have enough evidence to file an FIR against her for cheating. Police have powers to collect more evidence. You first contacted her through internet portal. She may have targeted others also similarly. The cyber cell of the Police can find out details of her other activities through internet. You can include her parents and other relatives and friends also in your complaint. Were they her real parents or hired actors?

anil   28 August 2016

Dear Expert , thanks for reply, As per documents provided by girl , all seems real family ( parents brother sister etc). I went to SHO and registered a complaint, but police is not taking action , they told me to approch family court and first return her stridhan , court can direct police for further action, police told me that since its family matter so they have very limited scope at present.

saravanan s (legal advisor)     28 August 2016

If she had roamed with different guys and had s*x with them before marriage you cant take any legal action in her.but if you have confessiions of her previous husbands photographs of marriage ceremony invitations or anything else which could prove her earlier marriage you can file cheating and bigamy cases on her.also if you suspect her to be still in adultery you can take help from detective services to gather proofs for the same and then you can file contested divorce case in the grounds of adultery.if she is held guilty she is not entitled for maintenance too

Sudhir Kumar, Advocate (Advocate)     28 August 2016

Not able to agree with any post.

 

No time to read such a long narrative.

 

cut and dry questions:-

 

  1. I she having affair after marriage.
  2. do you havfe proof.
  3. do you have proof that you did not know earlier.

 

If yes.  You have a ground of divorce.  Forget about nullity.  This can be possible only if you  have a proof that :-

  1. she was already marriage (not engaged)  to someone else and she is neither divorceed nor widow.
  2. she was below 18 at the time of marriage. And you did not know it.
  3. she belonged to a different religion. And you did not know it.
  4. she was your aunt/cousine (or othersie in prohibited dgree). And you did not know it.

Sudhir Kumar, Advocate (Advocate)     28 August 2016

whteher divorce/nullity neither give you any respite from criminal case.  This has to be found on merit.

 

Having s*x before marriage does not attract any criminal provision. So come out of mirage.

If having after marriage still ther eis no criminal provision on wife.  Criminal action can be against the person who has relation with other's wife. 

Sudhir Kumar, Advocate (Advocate)     28 August 2016

you said

 

"girls family recorded my all conversation from day one and girl has made note of all my savings , property etc..., "

 

you should be worried about such recording only if some case can be proved against you on the basis of the same.

Stridhan It's being with husband speaks not very good about him.  If with you you have to get rid of the same as early as possible.

Sudhir Kumar, Advocate (Advocate)     28 August 2016

"I have consumed marriage only 3 times"

not at all relevant.  From your name it appears you are hindu and your marraige is complete and binding as soon as ceremony is over

Sudhir Kumar, Advocate (Advocate)     28 August 2016

you said

 

"Guy told me that he given 5 lakhs approx to settle case and girl/girl family are doing this from last 6-7 years"

 

Really, lucky man f you are getting rid of ordeal in such reduced rate like clearanc esale.

You have probably not inquired how much a good lawyer charges for bail per person and what is the cost of litigation (dual in such cases) wherein you are require dto pay for her legal expenses as well as a part of maintenance + suffering + loss of social respect + loss of career (at times).

Sudhir Kumar, Advocate (Advocate)     28 August 2016

yousaid

"I have few watsapp msg , call recording and past boyfriends discussion where they informally accepted that she was living with them and also booked few hotels for 1-2 nights and fully enjoyed.Hotel booked as husband and wife but in actual they was only BF-GF."

 

Beofer  marriage?

 

how does it save you from criminal consequences you are anticipating.

Sudhir Kumar, Advocate (Advocate)     28 August 2016

yousaid

 

"My friend catched her in a mall in pune few days back with a new guy roaming around till late night. might be her next target."

 

But he will not come for evidence.

Sudhir Kumar, Advocate (Advocate)     28 August 2016

you said

"i have phone recording with her BF and brother after my marriage where she is accepting her past and future plan to extract money from me by false 498-406 case."

 

This alone can be of some relevanc eto save you from criminal case.  Anyway she is going to deny such conversation in court and you spend good time for court direction for forensic evidenc eand execution of such directions.

 

Vibha   28 August 2016

  1. From what you have described, it seems this girl and her family are habitually using laws to extort well settled boys.
  2. You also seem to have more evidence than most other boys caught in such situation. If you pursue this to the end, it is mostly certain that you will be acquitted of all criminal charges, there is also a chance that you may be able to get this girl punished. 
  3. The journey to get acquittal and send this girl to jail is going to be very long. India's justice system is painfully slow - it is at a point where any litigation is basically pointless especially in family cases. Weigh the situation carefully with elders in the family and a senior lawyer to make a decision.
  4. My initial impression is as follows. if you initiate criminal proceedings against her (you have to approach court to get this started, police won't help you) based on scarce evidence in your hand then she may agree to settle with you for a smaller amount. At that point you have better options ahead of you, either settle and move on with life or buckle up for the fight. 
  5. One one hand I would love to see such girls punished and sent to jail. On other hand, I would want you to not spoil a good part of your life to accomplish this goal. Sadly in Indian system we cannot achieve both at same time.

anil   28 August 2016

Thansk to all experts , in next caw cell call i m going to give list of stridhan asap.might be she deny it as they have given demand list of total expence of @25 lakhs from raiee to pahaad bills ( i.e. from pin to elephant all expences ). She took all valuables ,cash, educational docs and gold with her, only tv,fridge etc is with me.

Kindly suggest how to return it as CAW cell is giving only photocopy of items returned with her sign and my sign with date, no stamp or I/O officer sign.

I would like to go further in this case and I do not want anyone else to get suffered , I want full stop from them Girl is about 29 yrs ( as per docs) .so i think if i get settlement soon she can target many more.

Indian law is not supporting people like us , thats very sad but anyhow i have to fight it can anyone tell me or guide me the best possible path, If I'm proved guilty them i m ready to accept the court order but i have not done anything which hurts any women's / girls dignity and respect in my life.

legally might be past life of girl is not relevant but emotionally I m suffering and its cruelity on me by hiding past and then puting false case is humilation and more cruality.

I m hundu and marriage is registered in SDM office by using HMA act. marriage is less then one year old.

if i do settlement in CAW , and sign MOU , is this relevant? , i enquired this in few local court and friends they told girl can file again a case so its not 100% relevent better go to court and do settlement there. kindly suggest.

 


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