1) I married a wrong girl before 7 months on 1st July 2012. My darling wife is not staying with me from last 5 months.
2) In Oct when she started threatening me of lodging a fake complaint against me & my parents under section 498 as a precaution I filled a police complaint (NC) against her.
3) In the same week my wife & mother in law went to my parent's house & had a fight with them. My parents are senior citizens & they complained to the police station. Police station has taken a statement from my wife that she can't go there alone. She can go there if she is with me.
4) After marriage me & my wife immediately went to the city where I work & live. Thus, her "matrimonial house is not my parent's house". She has never stayed in my parent's house for even a single day. She visited my parents house couple of times.
5) In Oct 2012 once my wife told me over the phone call as she is carrying my child & she will abort the child. After couple of days she denied. She said I am not carrying.
6) I gave her 20 thousand for maintaining herself in Oct & Nov (Via internet transfer - I have a proof)
7) I stopped giving her calls & sending SMS in Dec 2012
8) As she didn't get money from me in Dec in Jan she lodged a fake police complaint against me, my parents, sister, 16yrs old nephew.
9) My wife & her brother put terms that I should put my wife as nominee on all my insurance policies & also on my property at native place (Which is fortunately on my father's name as of now)
10) I met her & spend money on her for shopping. I also gave her 40 thousand via internet transfer. Now she is talking to me. (As under Domestic Violence, 1956 Adoption act & Section 125 she can anyways claim the money....) I also made her nominee on all my policies to save my marriage.
11) Now she disclosed that she was really pregment & she was carrying my child and she has aborted my child without my knowledge.
12) Yet we have not completed 1 year of married life. My wife stayed with me only for 32 days (I have records). I always treated my wife nicely.
13) I gave her bail in a court case under Section 420 / 451 in 2009 Feb. I gave her a lot of jewelry & also money 1.30 lcas via internet transfer in 2008-2009.
14) Before marriage I asked her if the old case against her is over or not? She said the case is disposed. She also sadi the same at the Police station during the investigation based on my application to Local Police station/ ACP & DCP office.
15) I have a doubt in mind that the old Criminal case against her might be still "Pending" in court & she is extracting money from me to run that case.
16) This is a pure case of fraud. She has married me with a purpose of extracting money from me knowing that I am drwaing good amount of salary (1lakh per month). She fooled me about the old case against her & this is CTEATING.
Plan of Action - I would like to gather the information/Copy of that old case against her of 420/451. I am unsure of the status of that case & after checking on the website I was unable to get the details on the website.
After I will have the details of that case if the case if still pending means "She has cheated me & also gave a FAKE statement to the police station (jurisdiction where my permament residence is located)
If the case is still Pending I have decided to lodge a complaint against her at Social Service Cell (Police) & also to meet Commissioner with the details. I would then request them to investigate throughly about her background & about the old case & also to take my complaint against her of Cheating under IPC 420.
If this will happen then I will withdraw the Bail I gave her in that old case.
I will go to High Court with the Marriage Nullity petition 'Exceptional Ground' before 1 year of my marriage & before the 1 year when I came to know about my marriage happened is under this "FRAUD".
I supose then High Court will pass an order to Family Court to accept the Marriage Nullity Petition before 1year of marriage. I mean in coming 2 months.
I think this is the best possible option. Kindly advice. Only legal advice please.
Questions -
Q1) I have given BAIL to my Wife in her case 3 yrs before our marriage. At the time orf mariage she told me the case is over & also she told te same to police in her statement. Now I just need to get a copy of the OLD case on her under 420/451 & status.
How can I get the status & copy of that old case against my wife. That is a private case & I am not a party but I just gave BAIL.
Kindly contact me at 9909948766. I am ready to pay money if someone can get the Copy of that ols case for me immediately/in 10 days. I will pay in cash.
I can provide the case no. The Private case against my wife is from 2007 in Thane Court under Section 420/451.
Q2) Kindly let me know if RTI is someway useful here?