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legalhelpsociety (jrnlist)     23 October 2014

Fraud in marriage

Dear learned members,

Please provide your valuable legal advice on below mentioned story. there is this divorced lady A having a 2 years old kid B. she was approached and got married through online internet to a person C. C pretended via matrimony offer that he earns about 20 lacs per annum and verbally told and showed that he has 2 properties in delhi. He braught few people in barat in bus and they all vanished later on. they are not traceable now. however only photographs are available of marriage. no other record. C claimed he stays alone and has no parents. C also has a 3 years old kid and claimed that his 1st wife expired in an accident. later it was discovered that it was in fact Cs 3rd marriage. her 1st wife left her due t his behaviour.  now after marriage C keeps wife A  in rented house as a maid for his kid, doesnot give her proper treatment, abuses her, keeps her locked in house, does not allow her to use mobile, disconnected telephone/ internet and tv, does not give her any amount for buying clothes for her kid. he has trapped her and using her. she is falling in depression as a jail inmate. she has no where to go. C s sister D who is a divorcee also taunts A by sayings that all properties and business is in her name only. A s parents are unwilling to take her back due to relatives and societys pressure. C is so clever that he has shown all his income and properties in name of his sister to avoid paying any maintainence in case of dispute. once As kid was having fever C did allow her to take kid to doctor saying that why to waste money he will recover himself ? since then A wants to separate but has nowhere to go. she does not want anything for her but wants future of her kid to be secure.

1. she landed in well planned trap. what remedies are available to A ?

2. Can she prove farud when marriage took place in aryasmaj without any records ?

3. what rights As kid has for his future ?  

we believe that it is due to very few cases like this that most of the innocent husbands families are suffering. where they are inncoent, they face false cases. here there is well planned fraud, and victim has nowhere to go!!.

Thanking you all in advance. your help will probably save future of a small innocent kid.

 



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     23 October 2014

If C  married A while his first wife is surviving, then the marriage between C and A is invalid from the beginning and she can get such declaration fromthe court by filing appropirate petition.  Arya Samaj Marriage proof can be obtained by going to that particular temple and get duplicate copy of the marriage certificate.  She can file domestic violence case against C and seek maintenance and compensation and also residential rights or rent in lieu of resident and protection rights.  If she wants to take monetary benifits and residential rights, then it is better for her not to file petition for declaring the marriage null and void and go for domestic violence case.  If she wants to get rid of him without bothering about financial implications, then she can file the petition for declaration of marriage void.  The child B cannot get any relief such as maintenance as he is not the biological son of C. If any further assistance is required in this matter you can email me - chandrasekhararoo@gmail.com or call me on (M)9868332610.   

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 October 2014

Dear,

 

Lodge a police complaint as soon as possible and send C behind bars. Please call and discuss the same.

 

Adv Kapil Chandna

9899011450


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