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jj   22 April 2015

Wife threatening for 420

Hi

My brother got married last year in april. At the time of marriage his age as per documentary record was 45 and the girl's age was 25(though she looked near about 40+). But in the bio-data given by us through matrimonial site had 30 as my bro's age. Although my brother told her his real age 45 during their first meeting and the girl had no objection.

Now after 10 months of marriage and the girl (now my bro's wife) after knowing that she is 3 months pregnant has gone back to her parental house. And now she wants him to migrate to her hometown to live with her parents and now they are pretending that they didn't know about his real age and that we have done fraud with them. Therefore she is threatening him that if he refuses to come she will allege him in false cases i.e 420 due to concealing real age and 498A for demanding dowry. His father-in-law is also threatening him to put him behind bars for 420 and asking to bring all the gold and other items gifted to the girl by them and us first and then he will talk about anything.

Now kindly advise me that what should we do in this situation



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 6 Replies

saravanan s (legal advisor)     22 April 2015

first of all why did you conceal your brothers real age while you advertised in the matrimonial site.what were your real intentions for doing so.when did you disclose the real age of your brother.was it before marriage.if so do you have any proof for that.

N R Dash.. (Advocate)     22 April 2015

How someone looks like does not matter, but what the documentary proof says matters a lot. You have committed a crime by concealing the age of your brother. It is understandable in love marriages that both know each other, however, in an arranged marriage that upto from a matrimonial website it would be definitely a question: that why a 25 yr girl would marry a 45 yr old man. Further, it would not be much difficult to convince the court about the cruel intention of the husband & with can further be corroborated to the dowry.

 

Try an amicable settlement of the issue by mutual discussion.

saravanan s (legal advisor)     22 April 2015

i agree with dash sir

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     22 April 2015

NO 420 CASE CAN BE MADE OUT SINCE BOTH OF THEM HAD MET EARLIER TO MARRIAGE SO THINGS ARE ACCEPTED AS IT WERE.

 

HOWEVER YOU HAVE TO RETURN ITEMS WHICH SHOULD BE DONE  BY PROPER EVIDENCE.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 April 2015

Let be byegone be byegone. Forget all past. All of you come to understanding. Police cases will spoil reputation of family in the public. Closed relatives sit together come to understanding and live peacefully since she is a pregnant. 

Adv. Chandrasekhar (Advocate)     22 April 2015

S. 420 IPC does not lie.  If she still has grievance for this issue, at the most she can file annulment case for the fraud perpetrated against her.


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