Ipc 496 against my husband

496 may not apply as he knew thatit is a lawful marriage and that it is reason he wasnt to annul it.  He has not cheated you into marraige but has only tiued to evade the responsibility for the same.

You say that he did nto ill treat you what more you  thing is ill-treatment?

If your parents and his parents did not disclose you that he is unwilling to marriage and lead you to marriage.  File cheating case agaisnt your parents first and also include his parents.

Dear Shalini,

As per your statement if the points are true, Your husband is answerable before Law.

Can you provide how long it has been married?

Please expect a lawyer reply shortly on the guidance..,

how can you bring down your hubby from Dubai? and what explanation he has got to stay away from his side?

One of my friends brother is a lawyer and he said i can file many charges againt him and make him return to India and punish him but if he does not respond the it will take long time.

Also the behaviour of my husband is strange as he once told me that if i file any false case against him then he will file a case on his own parents and my parents and including me stating that he was forced to undergo marriage ceremony as i threatened to commit suicide.So he can say that the marriage ceremony was a fraud so he did not register.

He is a man who cares for nothing not even his own family then how can i fight a case against him.

Better give him some money and file MCD with his consent and start a fresh life.

How can i file MCD when is he not even ready to accept the marriage and sign as for MCD he needs to sign and accept the marriage.

He also said that  he was not informed about my caste even we boh are Hindus but from different caste and he can file fraud saying marriage ceremony undergone without revealing the caste so the Hindu marriage is not valid when we are from different Hindu caste.Is that true ?

@shalini,

Let us see first what the section 496 says-

"Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine."

It would be a difficult to prove in your case that he had dishonest/fraudulent intention as he knew that he was going to get married lawfully,different is the matter as was against his will.But the burden of proof will lie on your husband that the marriage was not a result of free consent(A point to nullify the marriage by Hindu Marriage Act 1955).Other than that he knew,at the time of marriage,the ceremony to be valid(his parent being with you constitute a circumstancial evidence).Thereby,may not work.

Now,What's the remedy?

You can file a cruelty charges against your husband on the ground of denial of conjugal rights(The Apex Court gave verdict in many cases).

Last but not the least I want to say to take expert advice(I am not an expert).I suggest two names for you(find here)-

1.Tajobsindia(Senior..)

2.Bharat Chug

Hindu mariaage is perfectly valid if both are Hindus and participating in ceremonies.  Caste is not relevant.  It is not such an easy walk out for him.

But on the face of it section 496 is not fit in this case because as per your descripttion he never intended fraudulent marraiage ratherhe intendedno marriage butcould not help and had a proper marraiage.  But since he is diswoning that marrige he can said to be "knowing that he is not thereby lawfully married". So the matter is worth a try if the advocate consulted by you is sure of it. 

Please eleborate which caste are you and which caste he is.

If he was forced into marriage he could have filed case against parents of both before marraige but he participated in the same. So he cannot.  Rather you can file case against your parents and his parents as they have cheated you by hinding that you are being married to unwilling husband.

@Shalini,

I have a different view which i expressred in earlier post.I don't agree with the statement

"But since he is diswoning that marrige he can said to be "knowing that he is not thereby lawfully married". So the matter is worth a try if the advocate consulted by you is sure of it. "

The statement forgetting the word "thereby".

What is significance of the word "thereby"?

Answer- "Thereby" means "the process" by which the said situation arised out". In this case,"the marriage ceremony",plays the role of "process",concluding that the emphasis to be given whether the "Marriage ceremony" itself was fake  just like a drama(you say a.k.a. movie plot) or was real.

But on the basis of your statements,it can be concluded that the marriage ceremony was real, and, the same, had element of evidence(parents of both of you had been in consent to arrange a ceremony)

It would be a difficult to prove that "he is disowning the marriage" unless he makes a written statement or himself says the same.

Again, I suggest you to consult the names,i suggested,in my previous post.

regards

for proving disowning marriage, the conduct of husband if oproved will besufficient.  In anycase it is not a strong case under 496 but the queriest appears to be adamant.  She does not want any action against her parents. 

In response to the part of the mesage "for proving disowning marriage, the conduct of husband if oproved will besufficient."

The coduct of the husband,a circumstancial evidence,will eventually lead to the conjugal rights matter.That's what i said in my earliest post in this very thread. Since proving "Disowning" without it would be like "making castle in the air".

Waiting eagrly, this thread to be addressed by Experts.

1. In my opinion you are in double mind! One side you are researching on S. 496 which attracts Penal provisions and same breadth you say you donot want to leave him and also replied to MCD suggestion by one of the repliers r/w he has already told you to research on annulment.

2.  What I see larger picture is that you have a straightforward case only if you too want the marriage to be annulled. He asks you to annul the marriage r/w the marriage has not been consummated and further read with that he left in 2 days just after marriage to foreign shores. In Indian scenarios you are a virgin bride (polite wordings here is ‘innocent’ annulled lady) and have re-marriage potential compared to many others. I feel your rehabilitation out of whatever legal proceedings at the end of the day you opt is also important before suggesting the right way forward.

3. I am suggesting you a possible solution which is in Civil domain and can always be switched off or on (means taken back if he agrees to consummate the marriage or give this marriage a chance). The solution is, if he says to annul the marriage then convert your Hindu Marriage under the Special Marriage Act, 1954 by registering the Hindu Marriage under S. 15 of the Act..

4. The Special Marriage Act, 1954 there exist ground for annulment of marriage under S. 25 of the Act that "the marriage has not been consummated owing to the willful refusal of the respondent to consummate the marriage".

5.  Once the Hindu Marriage got registered under this Act you can proceed with annulment of marriage under the above mention provision for the ground mentioned therein, however you have to prove two things firstly there has not been consummation of marriage secondly it was due to the willful refusal of the respondent spouse. If you re-read your own brief then you will realize you say yourself these two so I feel you are not hit by your own Bar nor he will object now further there will not be any animosity from his and/or your side is above process followed.

6. There is no time limit for filling for annulment process and that can be done within first year of marriage rather unnecessary delay in filing for annulment can be ground for refusal of any relief by the trail family court.

7. For Registering Hindu marriage under Special Marriage Act you can jolly well initiate the paper work and Notice issue (30 days) and he has to come just for few hours physically to Registrars Office and get the Registration process over with. For annulment later on using grounds available in Special Marriage Act as said in paras 3 and 4 it can jolly well proceed ex-parte or he can also file proof affidavit of conceding to same via PoA and done with it.

Reasoning:
I suggested opting for Civil remedy just for a simple thought that yours is a issue which cannot be solved if left to its own time capsule. You will keep searching the best IPC or XYZ sections of the Code / Act as you are alone here. He will not consummate the marriage nor will he accept you as his legally wedded wife though marriage ceremonies did took place. You will then either pass your years waiting for consummation r/w love and companionship of a husband and daily face the society that you keep up with. Ultimately what will happen is that you will be forced by your company that you keep to lodge criminal proceedings to bail yourself out of such situation which no-doubt is cruelty. The moment you launch criminal proceedings he has already warned you of “false” nature so still his mind, body and soul will not be with you and criminal trial after years will not give you any result other than divorce (may be then MCD). So I feel why waste years into something with a utopian dream when hints of his and current situation itself guides me to suggest above simple and straightforward civil procedure as process most suitable for you in your given situations with minimum scratch to your chances of re-marriage too as prospective bridegroom sides do now-a-days like to see past divorce / annulment Judgment papers to see first hand what was the reason this person had divorce or annulment as the case may be? Here with above civil domain grounds and just 2 days after marriage leaving for foreign shores is most appealing for re-marriage as option suggested which infact will show up in Judgment copy too.

Choice is yours now to opt above which I feel he will also agree or to keep consulting Chamber upon Chamber for a better solution then above.  

Thank you all for your support.

As mentioned by TajobsIndia i would also like to go for annulment but my husband is not ready to sign any document so in that case he will not come here and sign the papers to register the marriage under Special marriage Act.

The only option i find is file cruelty case and apply for divorce but as i know he will never come and attend the case in this situation will i get a ex parte divorce and how long the process last if he is not contesting the case.

Also after i get ex parte are we both free people or still the charges remain against him ?

No - Section 496 is clearly not attracted - 496 caters to a situation where a person induces the other to believe that a lawful marriage is being solemnised - when it is not being done. for eg : a man merely to induce a woman into submitting herself s*xually (which she would do only if they are married) puts up a facade ceremony. 

This is not the case in the present case. Hence your husband has committed no penal offence. The lesser variety of cheating i.e S.417 may be tried to be made out - but would in all probability fail.

Don't get into annullment - it is a contentious procedure and connivance defeats it. (meaning you cannot file it together) Go in for a Mutual Consent Divorce. 

I really respect you not going in for 498a/406. 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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It is not worth filing 498a against him as he or his family never asked for any dowry and physically harmed me.Also if i file 498a then it will make him never come to India and i don't think he will have any problem with his job or passport as far as i know his passport is new and valid for about 10yrs and after 10yrs who knows if the 498a exists or not so its me who will have to run around the court.

Also MCD will not be a option as i said he is not ready to come here and cooperate with me.