cheating

Doctor

Hello Sir/Madam,

My spouse cheated me by hiding the facts. Her actual parents were different and her surname is different too. She convinced by her parents that marriage will be short and she will get back good amount of monet in short time. By the time I have realised her family details in 11 months , she had filed 498a dowry case.  Because of shock, I couldn't file for annulment immediately . Now it's been 6 years that I have been fighting 498a case and thinking about divorce vs. cheating case.

1) I have proofs that she has two sets of parents. Does it makes good 420 case?

2) Post 498a, I got threatening calls/text message from her side person  and this incident occured in USA around 4 years ago. Can I combine 506 along with above case ?

3) Can I file divorce based on cheating ground ?

Thanks,

RK

 

 
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Bangalore

Originally posted by : RK
Hello Sir/Madam,

My spouse cheated me by hiding the facts. Her actual parents were different and her surname is different too. She convinced by her parents that marriage will be short and she will get back good amount of monet in short time. By the time I have realised her family details in 11 months , she had filed 498a dowry case.  Because of shock, I couldn't file for annulment immediately . Now it's been 6 years that I have been fighting 498a case and thinking about divorce vs. cheating case.

1) I have proofs that she has two sets of parents. Does it makes good 420 case?

2) Post 498a, I got threatening calls/text message from her side person  and this incident occured in USA around 4 years ago. Can I combine 506 along with above case ?

3) Can I file divorce based on cheating ground ?

Thanks,

RK

 

You can file for divorce.  Dont file for divorce based on cruelty.  File under 13b of HMA.

 
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Dy Director

prima-facie there is no cheating.

 

you  are perhaps disturbed and not able to put facts in understandable manner.

 
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Concealment of material facts about parents or previous marriage is prima facie deception which is punishable under IPC 417. If she used such deceptive tactics to extract alimony, maintenance and settlement from you then IPC 420 may also be applicable. IPC 506 is applicable if you have evidence of threats. You can file divorce but that is unlikely to go anywhere. The criminal cases are better way to get results, you will need to file properly drafted complaint with police and then file CrPC 156(3) petition with magistrate. If you follow all steps properly and have some evidence and witnesses to support you then within 4-6 months you can get her summoned as accused to start a criminal trial. If cause of action is in city far away from her current residence then it is even better. She will need to get bail, pay criminal lawyer for defense and attend hearings in far away city. All this will create reasonable pressure to get the results you want. Without taking these steps you are basically a sitting duck running around in 498a trial which will go nowhere and run in circles forever. She has no incentive to bring this drama to a close. You have to take steps and turn the situation so that she also has to face continuous pinch of attending litigation and paying for defense lawyer. There is no other way to resolve these type of matter. You have to cut diamond with diamond. Hire a shrewd local lawyer to help you. 

 
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If you do not have any evidence to support your story nor witnesses then above advice for 417/420/506 is not applicable. Your case will fall flat on face before cognizance without evidence. You do not need conclusive evidence for prima facie case, just enough evidence to corroborate atleast 30% of the story. If you have zero evidence and make bald allegations then things may boomerang back to harm you.

 
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Mere hiding of some facts from your spouse, cannot be a ground for the annulment or divorce.

 

1. I have proofs that she has two sets of parents. Does it make good 420 case?

 

Do you have proof that indicates that you were unaware of the fact at the time of marriage.

Mere proving two sets of parents will not work.

 

2. Post 498a, I got threatening calls/text message from her side person and this incident occured in USA around 4 years ago. Can I combine 506 along with above case ?
 

What do you mean by “her side person”? Did she call/has sent any messages regarding this with her own mobile (where SIM is registered under her name)?

 

The incident is 4 years old.

 

Section 468(2) of The Code of Criminal Procedure enumerates the limitation period for offences as according to the term of imprisonment for the offences.

The period of limitation shall be - three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years”

Punishment for criminal intimidation 506 IPC —Shall be punished with imprison­ment of either descripttttion for a term which may extend to two years, or with fine, or with both.

 

So, since the incident is 4 years old, so, this falls under the bar to take cognizance after lapse of the period of limitation


The evidences (call record/messages) that you have, can be used from the defence side during the trial of 498A.

 

3. Can I file divorce based on cheating ground?
 

No. It depends on the impact/weight of cheating.

Let’s say, Spouse has an extra-marital affair and has physically involved with someone. He/She has concealed these facts with his/her spouse and cheated her/his husband/wife. So, here cheating is a good reason for divorce.

But if, the spouse goes only to meet her/his past bf/gf in any public place and concealed these facts with his/her husband/wife. Then here the cheating cannot be a strong ground of divorce.

Suggestions:

You can file divorce u/s 13 HMA, with proper reasons.

I would rather suggest not to file it now. It is not the right time to file it. 498A will proceed even after the divorce. So, why you want her to enjoy the freedom after the divorce while you still need to fight against 498A. Have her also taste the proceeding of the courtyards.

 

First, get acquit from the changes (498A and other (if any)). Then, you can file the divorce. And that time, you can show cruelty as a ground while filling the petition for divorce.

 
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You only need a prima facie case to force her to defend trial, you don't need legally bullet proof case.

95% 498a cases are on loose legal footing but started just for harassment. Starting a case with similar loose footing against wife (for sake of faster resolution) is fairly easy. All the incidents queryist has mentioned can help him in this. He just needs help of a shrewd lawyer to button up the story.

 
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Dy Director

Fuly agreed with Ms Ekta

 
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