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azure (self)     10 May 2013

Defamation or 420 ?

 

Respected experts,

 

My x-father in law (a high ranking officer in defence and a highly influential person) 

had registered an engagement ceremony as a marriage under Hindu Act. The certificate

for which was issued on the same day. HE had connections with IAS officers as well.

 

My family and I were totaly unaware of this until he showed the impugned marriage

certificate to us a few days later. They forced us to keep this silent until the 

actual marriage was performed.  

His daugther works in London and they instigated me to apply for dependant visa and

work in London as well. 

 

So i resigned from my job and flew to london. Upon arriving, she took away my 

belongings, money and passport (mentioning that it would be in safe custody). 

She made me sign a few papers with her company (consultancy firm) and since I trusted her 

I did so. 

 

I managed to acquire a job within 1 month of my arrival in london as a Software

engineer with a government organization. Upon completing one month, I was surprised to see that my salary is being diverted

to her business account instead of mine. When i questioned her and father in law.

They mentioned its for saving tax. Confused, but still trusting them I let it be.

The marriage was to be held 6 months later after the engagement and just a few days

prior to the day of marriage, they called off the wedding and asked me to leave

london. I tried my best to keep the relationship alive but all attempts failed.

 

The father-in-law, then started showing his true colors by sending letters to the 

Indian embassy in UK, calling me a criminal, accused me of domestic violence and 

demanding dowry. He asked them to take serious action against me. His other threats were

of similar nature but through emails and calls, he started harasing my family as well

in india (including my grandmother).

 

He filed false dowry and mental harassment cases against my whole family with the women police. 

 

He approached high ranking officials through his contacts with false allegations against my family

 

As i was on a dependant visa, and disturbed by this inhuman behaviour of both father-in-law and daughter

and also frequent visits of her friends who thretened me to leave london

,I had no choice but to return back and file for a annulment of marriage, mentoning all

the above truth and on grounds that there was no ceremonies or rituals performed.

 

The accused (father-in-law) was present on the first hearing and accepted all the charges as mentioned above.

Though, his daugther was not present and there was No Written "No-Objection" submitted by them.

They had got a 70+ year old lawyer (who claimed to be a x-judge himself). The honourable

judge of family court, accepted their "oral no-objection" and granted me annulment in my favour

 

However, they did not release my salary which amounts to lakhs of rupees in Indian currency. To make matters worse ,my family name and beliefs have have taken a big hit. 

 

Through the RTI act, we acquired his false complaint to the women police. 

enclosed within, we found letters to ASP, IAS officers and other  high ranking officers.

His letter to the Indian embasy in UK was also present. 

In all his letters he made very serious allegations and addresed my entire family as criminals.

 

He falsely claimed that we made him bare all expenses, as a form of dowry,  of the marriage (which was called off) but all the bills are with us, which implicitly proves his allegations untrue. 

AFter the first court hearing, he withdrew his police complaint and conceeded to his crimes in court only "oraly".

Please do let me know if his strategy of acceptance by oral conduct will prevent me from filing further cases.

 

Dear experts, I request you to guide me on what I can do further to acquire back 

my salary which is my right. 

 

Do I have strong grounds for a 420 case ? knowing there was only an oral "no-objection" but not 

a written submission?

Can a defamation be filed as well.? if yes, is it possible to file for a Civil or Criminal or BOTH. 

 

 

Thanking you in advance.



Learning

 6 Replies

Tajobsindia (Senior Partner )     10 May 2013

 

Originally posted by : azure
  Respected experts,

My x-father in law (a high ranking officer in defence and a highly influential person) had registered an engagement ceremony as a marriage under Hindu Act. The certificate for which was issued on the same day. HE had connections with IAS officers as well. 

My family and I were totaly unaware of this until he showed the impugned marriage certificate to us a few days later. They forced us to keep this silent until the actual marriage was performed.  

His daugther works in London and they instigated me to apply for dependant visa and work in London as well. 

So i resigned from my job and flew to london. Upon arriving, she took away my  belongings, money and passport (mentioning that it would be in safe custody). 

She made me sign a few papers with her company (consultancy firm) and since I trusted her I did so. 

I managed to acquire a job within 1 month of my arrival in london as a Software engineer with a government organization. Upon completing one month, I was surprised to see that my salary is being diverted to her business account instead of mine. When i questioned her and father in law. They mentioned its for saving tax. Confused, but still trusting them I let it be.

The marriage was to be held 6 months later after the engagement and just a few days prior to the day of marriage, they called off the wedding and asked me to leave london. I tried my best to keep the relationship alive but all attempts failed.

The father-in-law, then started showing his true colors by sending letters to the Indian embassy in UK, calling me a criminal, accused me of domestic violence and demanding dowry. He asked them to take serious action against me. His other threats were of similar nature but through emails and calls, he started harasing my family as well in india (including my grandmother).

He filed false dowry and mental harassment cases against my whole family with the women police.  

He approached high ranking officials through his contacts with false allegations against my family

As i was on a dependant visa, and disturbed by this inhuman behaviour of both father-in-law and daughter and also frequent visits of her friends who thretened me to leave london ,I had no choice but to return back and file for a annulment of marriage, mentoning all the above truth and on grounds that there was no ceremonies or rituals performed.

The accused (father-in-law) was present on the first hearing and accepted all the charges as mentioned above.

Though, his daugther was not present and there was No Written "No-Objection" submitted by them.

They had got a 70+ year old lawyer (who claimed to be a x-judge himself). The honourable judge of family court, accepted their "oral no-objection" and granted me annulment in my favour 

However, they did not release my salary which amounts to lakhs of rupees in Indian currency. To make matters worse ,my family name and beliefs have have taken a big hit. 

Through the RTI act, we acquired his false complaint to the women police.  enclosed within, we found letters to ASP, IAS officers and other  high ranking officers.

His letter to the Indian embasy in UK was also present.  In all his letters he made very serious allegations and addresed my entire family as criminals. 

He falsely claimed that we made him bare all expenses, as a form of dowry,  of the marriage (which was called off) but all the bills are with us, which implicitly proves his allegations untrue. 

AFter the first court hearing, he withdrew his police complaint and conceeded to his crimes in court only "oraly".

Please do let me know if his strategy of acceptance by oral conduct will prevent me from filing further cases.

Dear experts, I request you to guide me on what I can do further to acquire back my salary which is my right. 

Do I have strong grounds for a 420 case ? knowing there was only an oral "no-objection" but not a written submission?

Can a defamation be filed as well.? if yes, is it possible to file for a Civil or Criminal or BOTH.  

Thanking you in advance.
 

Tajobsindia (Senior Partner )     10 May 2013

  

Originally posted by : azure

 

My x-father in law (a high ranking officer in defence and a highly influential person)  had registered an engagement ceremony as a marriage under Hindu Act. The certificate for which was issued on the same day. HE had connections with IAS officers as well. 
XXX they instigated me to apply for dependant visa and work in London as well.  
So i resigned from my job and flew to london. until the actual marriage was performed.  
XXX Upon arriving, she took away my  belongings, money and passport (mentioning that it would be in safe custody). 
XXX
I managed to acquire a job within 1 month of my arrival in london as a Software engineer with a government organization. Upon completing one month, I was surprised to see that my salary is being diverted to her business account instead of mine. XXX
The marriage was to be held 6 months later after the engagement and just a few days prior to the day of marriage, they called off the wedding and asked me to leave london.XXX
XXX
XXX
XXX
XXX  i was on a dependant visa, XXX
XXX but to return back and file for a annulment of marriage, mentoning all the above truth and on grounds that there was no ceremonies or rituals performed.
The accused (father-in-law) was present on the first hearing and accepted all the charges as mentioned above.
XXX
They had got a 70+ year old lawyer (who claimed to be a x-judge himself). The honourable judge of family court, accepted their "oral no-objection" and granted me annulment in my favour
XXX
XXX
XXX
XXX
XXX
XXX
XXXXXXX
Dear experts, I request you to guide me on what I can do further to acquire back my salary which is my right.  
XXX
Thanking you in advance.

 

 

1.    Since the marriage which happened in dream (you are writing at the end that the marriage was called off so what do you expect me to write here!) is now annulled (as per you) do nothing at all.

2.    Find a decent dignified work for yourself and enjoy life fresh.
Reasoning:
One has to find work before applying under Dependent visa which is UK Rules for your info and not the other way round as you tell us in your facts !
Without marriage pictures just by showing alleged marriage certificate how one gets dependent visa for UK educate me Mr.!
In a so called annulment case there is nothing called “accused” person first of all. It is a civil case falling under personal family laws.
Second when you went there all your personal stuffs including your undies were held captive on date of arrival and even if you tell us that you flew back drugging them somehow one fine night collecting all your belongings it is highly improbable that in a civil case FIL will fly the next day to appear in your alleged to have been filed civil case and plead orally hiring services of a Retd. Judge who doesn’t come cheap professional fees wise believe me on this. We fail to understand motive of FIL and alleged to be bride in all these other than story of International slavery evolving out here.
All these alleged to be called as facts you mention here are straight from some slave-submissive-dominant website story collections and then asked us to give opinion upon which to my experience is not possible as too many broken links are there!!! However if it is plain vanilla annulment Decree then no defamation case stands r/w no S. 420 IPC case stands.

 

azure (self)     10 May 2013

I like your attitude of going sarcastic about the information unknown to you. You probably do this to score points or public attention. Instead of simply asking me about the missing pieces. 

Anyway, Thanks for your reply using Whatever little you have absorbed and comprehended

azure (self)     10 May 2013

And for your kind information. Please read rules of Visa on https://www.ukba.homeoffice.gov.uk/ before pretending to know it all.

To spare you the trouble of clicking on above link : You do not need a job offer in hand to apply for dependant visa. 

Tajobsindia (Senior Partner )     10 May 2013

1. I stand by what I have replied earlier. Partner visa requirements I am fully experienced at and fully aware of and I can educate you better than anyone else without referring to the link.

2. You had an engagement and "fraudulently" under HMA a Registered Marriage Certificate got issued. Which translates you were not married as per Personal Laws following customs and traditions when you applied for UK Visa yet by playing fraud a Marriage Registration Certificate is there in hand at High Commission. Either you gave Marriage Certificate original to seek Dependent Visa or you applied under committed Partner visa category, whatever it is nobody’s case now. Once you got to
UK
you ‘cohabited’ with the girl whose FIL you are now after. “Cohabitation” in common law means you were known as husband and wife to the society both were keeping (there). Meanwhile you got some work in some UK Govt. concern. Also you waited for marriage to take place as per customs and ceremonies. All these are alleged to have been said to be right, you know your alleged story why repeat to me with more details whether FIL showed gun or knife to keep you silent in UK!.

3. Something happened in UK which is again some cock and bull story as I don't wish to choke you up with Rules on Labor Laws of UK in salary disbursements from a Govt. office to employees / workers so relax till that time and next what happens; you came back home and filed some case in some court for annulling the marriage alleging no ceremonies no marriage actually took place hence annullment. Under civil family Laws you tell us that you made your FIL as accused person which still baffles me I could have understood if you used word such as Power of Attorney but nevertheless the Court decreed Rule on some ‘oral admission’ of FIL and not wife which again mildly baffles me. Now the question which I understood before and did not tell you was I know the Decree of Annulment that you say you got might be based on O 12 / R 6 CPC. Now you search your Judgment copy if you have any and see on what basis Court decreed it, is not only on oral admission but by application of CPC for instance inherent jurisdiction scenario Court is equipped to do justice and it is not rocket science for me thus previously I didnot comment on operating part of the decree.

4. If it is so, then it is called “collusion decree” for a simple fact you yourself tell here that your FIL got without marriage ceremonies a Marriage Certificate which you say in next para you people came to know just after few days of its makign and FIL kept some gun / knife to not speak about it and later this ‘having special knowledge’ i.e. of a false Marriage Certificate without valid ceremonial marriage of parties you applied declaring false statement before UK High Commission under Dependent Visa and then went to UK and in course of time got some work there and later you say in your own brief that marriage of parties eventually never takes place.

5. So the legal question is; if you had special knowledge right from almost beginning and while living in UK with that special knowledge if you are ‘cohabiting’ with your partner then the “annulment decree from India” itself becomes a decree taken by playing fraud and being party to collusion so what you telling me now to know more facts of your case?

6. I don’t wish to know more facts than what you already said in your own brief. Your annulment decree itself is a collusive decree taken by playign fraud by you to Court and hence not a valid decree at all leave aside your dream marriage.

7. You played fraud first before British High Commission saying the civil partner certificate (HMA Marriage Certificate) is correct and right to the best of my belief and thus give me Dependent Visa. Then you ‘cohabited” with your partner in UK for sometime knowing no marriage exists instead marriage yet to happen as per customs existing between you two and then some work and salary issues you cooked up and then comes back to India to claim in a Civil Court ‘annulment’ alleging FIL did this and that and actually no marriage took place and just because he orally admitted and Court has inherent powers under O 12 / R 6 CPC to pass decree – Judgment you have come here asking now how to file defamation or 420 case or get salary back which to me are all cock and bull stories nothing else and yes to make me famous and earn points I am replying again to you and I don’t see it wrong atleast I am clear in points of Law based on first cut (i.e. first facts produced before forum by a  queriest).

Savvy!

azure (self)     11 May 2013

Thanks for the above write-up. 

Partner - Visa.

Tier - 1 General Visa (Spouse) - spouse can join the partner in UK and is eligile to work

------------------------------------------------------------------------------------------

Not all people need a threat with a gun / knife to be scared and be forced to do things they dont like.

Especialy in case of Love & Marriage, when one threatens to leave the relationship and file for false dowry case.

We all know how well women can abuse the power they have been granted by the government .

Though, in the end truth prevails but the Name and reputaion takes a big hit. Not to mention the amount of money and time spent to tackle such dastard cases. 

Maybe you are quite strong in law and have been through alot of cases/ events in life to establish that a threat with a gun/knife is the only prevailing ultimatum anyone can display.

If a person is already dirty, he wouldnt mind getting caught in the rain and have some more dirt splashed on  him/her. 

Its the clean people who are precautious. The only way they can be caught in dirt is if someone betrays their trust. 

 

Now betrayal. 

Its not about hijacking somebodies undies or some other slavary story ideas. Its simple. The nature of betrayal is such that, "It does not show any warning signs".  One fine day with accumulative facts, one realizes that he/she is betrayed badly, and everything starts to make sense and also realises that  The leniency showed earlier was only due to Love & Trust.

Fraud played for visa

The main applicant is the primary target in such case, as he/she can further bring other individuals

and FYI, she needed permanent citizenship in UK which is possible only after residing 5 years in UK. 

She did not want to leave UK and hence forced me to join her. 

Again, All of this is accepted and conceeded by other party. 

Decree

I am yet to receive it, lawyer informed me and i quote "The judgement is highly in my favor".

Since i do not know too much in law, I will not be able to understand stuff like O 12 / R 6 CPC.

and I do not understand the metaphor Vanilla - decree as well.

 

Lastly and please read the below with an open mind, resting all your speculations.

Realise the motive

I strongly believe, there are three people nobody must ever lie to. Even if one does, its stupidity!!

Doctor, spiritual advisor , Legal advisor.

Now my motive

Clearely you cannot think 2 steps ahead of yourself. You think people would come upto a public forum and gain insight about the strength and weakness of their lawsuit by writing a cock & bull story? 

This public forum gives the power to post anonymously as well.. So i do not know why people would not post their true stories instead of cock & bull (if thats what you have come across only).

Really either you are way too smart or we all are way too stupid and have no better work in life

Anyway, Even though your motive was not to help and only criticize, I thank you for your replies. Criticizim and Sarcasm are great traits in todays world.

But unfortunately, I am looking for second opinion as that is my only  motive to register and post! 

Savvy!!


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