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Sandy (Analyst)     18 September 2012

Khichdi: wife changed father's name and now filed 498

Very strange and a Khichdi of a situation.

2nd marriage; wife has a daughter 5 years old from 1st. After marriage, wife uses influence at Munciplaity and gets her 1st husbands name replaced on the birth certificate of daughter with my name. The birth certificate now shows me as the father and was used in the new schools admission. No formal adoption ever took place.

Now after 2 years, wife has left home and filed 498 + DV + Maintenance against me & family. Nowhere in the complaint has she stated about the above incident except that she had a daughter from 1st marriage.

Now...what kind of trouble am I in from

1) Maintenance perspective

2) Legal perspective - is she considered legally adopted by me?

3) Criiminal - can I file a complaint againt her for fraud? If I do, how much will it backfire on me since for 2 years I didn't say anything?

Thanks!



Learning

 7 Replies

Sanjeev (Lawyer)     19 September 2012

 

1) Maintenance perspective-It dont matter for maintenance as when you marry a lady if she has a child from previous marriage too than also you become liable for the childs maintenance unless she is getting any regular maintenance for the child from the previous husband

 

2) Legal perspective - is she considered legally adopted by me?- Yes

 

3) Criiminal - can I file a complaint againt her for fraud? If I do, how much will it backfire on me since for 2 years I didn't say anything?- I dont think this offence would be considered a Fraud

Sandy (Analyst)     19 September 2012

Interesting....so means I am now burdened with a 498 and have to support somebody else's child. Excellent!

What if from the previous marriage she has got a settlement amount separately for her and seperate for her daughter? 

Tajobsindia (Senior Partner )     19 September 2012

I differ to opinion on fraud expressed by @ Sanjeev.


1. Natural Father's name in Registration of Births and Deaths as in Certificate of Birth cannot be changed. Only changes allowed as per Law are spell mistake and omission of first - middle - last names of Natural father.
2. In your query you have option to file complaint case under Fraud as a separate Complaint case before a
Magistrate Court and call for The Registrar from Births and Deaths registration Office with True Copies of all concerned records, School Principal with School records true copies as well as her first Husband as witness or certified copies of her earlier divorce. It is a straight complaint case falling under Fraud which is bound to succeed and thus you may give her same pressure in her complaint cases that she filed against you is one way of looking and paying back strategy.
3. Previous divorce settlement has nothing to do with your present marriage with her. She might have got half of Taj Mahal but that was previous decided divorce case. This time she has a legal marriage with you and you are her legal husband further you are her child's step-father and this step-child of yours has all legal rights to claim maintenance from you other than her mommy. 
4. You are probably only burdened for S. 498a and DV currently and proving your innocence in due course of time you may get clean chit out of them if you claim you are innocent. Regarding you being burdened with someone else child comment, I suppose you were not wearing rainbow glasses when you were marrying her in day light not to see with wide open eyes her baggage from her previous marriage, so stop cribbing about the step-child, the child is innocent between you two's love of roses. Give the child her dues and you may take your present wife to roller coaster ride by all means but leave child out of all these irrational thinking. 

3 Like

Ranee....... (NA)     19 September 2012

verry good reply .

stanley (Freedom)     19 September 2012

OYE OYE Ranee Bale Bale you seem to be over joyed with my Uncle Tajobs post :)

Dear Sandy , 

1. You would have to pay maintanence to your kid as well as wife .And in DV case she has right to residence to come and park herself in your garage if she so pleases or demand rent  :) than she would seek divorce on cruelty ground remarry again file  false 498 A , DV case and maintainence case on forth coming marriage thereby getting richer and richer with every marriage :) These are the powers of women in india and gender biased laws in favour of women.

2. By the time you take her for roller coaster ride she would put you on to the roller coaster as these cases take 5 - 7 yrs to concude which my Uncle has not explained :)

3. Read some of Uncles Tajobs old post where in he mentions " Skin of married Men is tastier and Hydraulic powers of metro Women "

God Bless you Sandy have a nice day !!

Tajobsindia (Senior Partner )     19 September 2012

 

 

Originally posted by : stanley

 


2. By the time you take her for roller coaster ride she would put you on to the roller coaster as these cases take 5 - 7 yrs to concude which my Uncle has not explained. 

 

I differ to too generic an opinion out of context of above replier as in his reply para 2.
Reasoning:
1. Shelf life of suggested FRAUD case is 1 year at the max. Only thing to take care of is request for Dasti Summon Notice issue via yourself and serve those Dasti Notices with service report in time to same Court and always press for shorter court dates. Any mid level Advocate can sail queriest through this straight forward Fraud case and for final argument before issue of showcause Notice to proposed two accused persons (wife + Registrar of Births and Deaths) seek services of a seasoned criminal law knowledgeable Advocate.


2.
If her case as per above replier going to take 5-7 years then one cannot expect an husband to lie low as sitting duck and quack - quack for next 5-7 years. Pressure and counter case is suggested path based on peculiar facts emerging as in queriest brief without which the matrimonial contest will be one sided in proposed favor of hydraulic power wielding metro wife of his.

3. She has to first seek Bail to appear on showcause Notice before concerned Court in Fraud case and for any hydraulic power wielding metro lady BAIL is a dirty word in her social dictionary which the replier probably didnot knew on lines of when a pin can do the work to a balloon then why use a sword and thus succeed giving reasoned taste of same medicine to the lady is worth the contest now hence I differ to replier on his para 2.

1 Like

Sandy (Analyst)     19 September 2012

Thanks for everybody's reply.

 

@TajobsIndia: There was never an issue but when one is fleeced, thrown out of one's own house and bank a/c emptied, and to top it with 498a, DV and filth in the complaint - you will be God if you can't feel dejected and hurt! 

 

I agree with you that the only idea of raising this point is counter attack and nothing else. But how can I prevent myself from being self-inclinated if I have kept quite for last year or so? 


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