Amit (NA) 06 February 2012

Criminal cases for cheating

Hi,

I had posted this question on another thread but there was no reponse so posting in a new thread.

Just to give some more details, my wife cheated me regarding her DOB at the time of marriage. I was told she was one yr younger to me. Now, I have in my possession documents where some of them (passport etc) have her DOB as one yr younger to me and some (her education docs) have 7yrs elder to me. So I went and filed a divorce case.

I'd like to know from legal experts here as to what all criminial cases I can file against her.

I'd like to file criminal cases for not only cheating me but she also cheated in getting passport with wrong DOB. Please advice on the sections under which criminal cases can be filed.

Thanks

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 February 2012

Mr.Amit, The correct course of action should have been to seek annulment of marriage on the grounds of fraud instead of a divorce - the essential distinction b/w divorce and annulment is that while divorce dissolves the marriage from date of dissolution and is somewhat hard to get. Annulment relates back i.e law would presume that you were never married. Now since you've filed the divorce - pursue it, or if it is at the initial stages - withdraw it - with liberty to file for annulment. with respect to criminal liability : it is definately a case for cheating : with an intent to deceive she induced you into doing something that you would not have done if you had known the truth. Using documents known to be forged or forging i.e making false documents - are heinous criminal offences in the IPC. You can file complaint cases against her and also intimate the concerned governmental departments. Feel free to seek any clarifications. Best of Luck ! Bharat Advocate (Delhi) Convenor : Lawyers for Social Justice Tel : 9810553252 (only 6 to 9 PM)

Amit (NA) 06 February 2012

Thanks Bharat.

I've filed case under both sections 13-1 and 12-1(C). So annulment is what I'm looking for.

But I wanted to what all sections under which criminal cases can be filed against her. For e.g., can I filed under section 420? What other sections?

lawyer_rajiv (9811284735) (lawyer) 06 February 2012

you cannot seek contradictory remedies in one petition. either you seek annulment on the ground of fraud and concealment or you seek divorce under fault grounds.

Piyush (Asst. Manager) 27 June 2012

Hi,

I want to file a case for divorce for my sister as she was not able to handle the cruelty of her in laws.

Problem is that her husband and father in law both are criminal lawyers. Is it difficult to get divorce against them. Also, please tell me if the in laws can also create problems for our parents or for me (like filing fake cases against us as they are criminal lawyers).