Sid Suri (faculty) 03 October 2013

Is sec. 420ipc possible after getting ab in 498a, 406, 34

Hello Everyone!

I have few queries and need your advice on that.

I have been married since early 2010. After 2 and half years of marriage my wife filled false case of 498a, 406 & 34 in India but we were living in Canada for maximum time. My wife had sponsored me but she used me for her benefits in every way possible. it's been over 1 year when the first complaint was filled by my wife in Woman Cell. Me and my parents got anticipatory bail on merit. Now ever since, i got bail in the 498a, 406, 34 cases, my in-laws have been trying to file false case of Marriage Fraud.

A. Is there anything called Marriage fraud in India?

B. What are the sections in IPC which represent Marriage fraud ? is it 420?

C. Does Fraud Marriage applies in my case?

D. Can the other party, file false case of fraud marriage after me getting AB in the other false cases ? If yes then whats the procedure for that?

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7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 03 October 2013

There is not specific word "marriage fraud" however fraud covers every thing !

Sarvesh Kumar Sharma Advocate (Advocacy) 03 October 2013

Fraud comes under 420 of i.p.c

Sarvesh Kumar Sharma Advocate (Advocacy) 03 October 2013

However if there is nothing more then your case not comes in fraud

Sarvesh Kumar Sharma Advocate (Advocacy) 03 October 2013

Filing the case is one's right ,

T. Kalaiselvan, Advocate (Advocate) 03 October 2013

Before an outcome of the so called marriage fraud case, do not jump into any conclusion, let them file a case, see what it is and under which provisions of law has it been filed, how and which court has taken cognizance, taking an AB in that 498a alone will not solve this problem too, if she files a separate criminal case on different ground, you may have to obtain another AB for this too.