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Ramesh ( )     20 October 2012

Deserting wife unconsummated unregistered marriage

As per Hinduism until the marriage is not consumated the couples are not considered as husband and wife.

As per DV it can be filed only when the couples lived in a shared household as husband and wife.

Now as per Indian law if the marriage is done as per Hindu ceremony then marriage is binding even without registration.

So proving the nonconsummation of marriage is difficult in court and a wife can easily file DV against the husband even as per Hinduism he is still not her husband.

When both parties are sure its impossible to continue a relationship then Mutual divorce is the option but in India this never happens and husband has to end his entire life running after court for not doing any crime whereas the wife enjoys her life as she is Abala Nari.

I know life is short and i don't want to destroy my youth fighting after the lousy Indian legal system so i have decided to desert my so called wife whom i never even touched.I gave her option for mutual divorce which she does not agree.

Could you please let me know which all IPC sections her advocate can put on my parents and relatives to extort money.The girls family knows for sure that i will never ever return to India also i have no assets in India.


 7 Replies

Javed (CA)     20 October 2012

IPC Section 498a and 406 for sure.

Maybe even POTA and charges of Illegal possession of arms everything possible in India if one pay money to the advocate.

Mukund (IMA)     20 October 2012


Please note "DESERTION IS NOT CRIMINAL OFFENCE" but in India one can be made criminal by filing false charges and if the charges filed are false then nothing to worry but with our Indian legal system the cases run for years and you not only destroy your youth but also money,time,career.

Tajobsindia (Senior Partner )     20 October 2012


Originally posted by : Ramesh
  XXX so i have decided to desert my so called wife XXX

Could you please let me know which all IPC sections her advocate can put on my parents and relatives to extort money.The girls family knows for sure that i will never ever return to India also i have no assets in India.

On YOU as well as on YOUR OLD PARENTS / relatives including married siblings following are permissible limits (she just need names / address to paste Court Notice and her purpose for below respective proceedings are served with for prime - facie relief PERIOD);

1. S. 498a IPC r/w S. 406, 504 / 506 / 494 / 354 IPC Case is (State Vs. all arrayed parties)
2. Dowry Prohibition Act (State Vs. all arrayed parties)
3. DV Act (State via Aggrieved applicant wife Vs. all arrayed parties)
4. RCR (against you) and under its favourable Decree she can attach your salary via your Indian Employer + your name local bank lockers / bank accounts + movable assets (property you say you don't have so I am omitting mentioning them here but actaul usage of RCR Decree is for properties attachment; nevertheless).
4.1 – BTW, after 1 year waiting of RCR Execution Order she is eligible for her re-marriage officially by seeking officially Decree of Divorce and rest of the above / below mentioned para cases State will never close against arrayed parties.
5. Passport surrender at Consulate Generals Office which is nearest to you (this situation will arise when you show up for your current passport renewal or seek NOC from Indian Passport Office as it is mandatory to seek NOC from India by Indian Consulate Office overseas)
6. Declare you officially Proclaimed Offender (means as soon as you land at any of the 21 Int. Airport you will be arrested by Airport SHO and put in Airport till Jurisdiction police comes with transit remand.

All above are prime – facie summary provisions and takes maximum 1 to 1 ½ years to execute even by a slowest moving Matrimonial matters Civil / Criminal Court pan – India standards and costs her around 50 – 60 K maximum if private Lawyer hired without lifting rest of her fingers.  

is a provision. All arrayed parties have right to it.
B. Regular Bail is also a provision. All arrayed parties have right to it.

But, if she whispers stridhan not returned then AB or RB gets quite often struck and lands one all the way to Hon'ble SC doors.

Also remember few empty Duty free shop’s collected Johnny Walker bottle consumed at engagement evening gets converted into mint fresh condition under stridhan list. Absolute proof of its purchase / ownership in summary (i.e. merit) AB or RB proceedings not required.

Anything else you may like to know in next 24 hrs. after our last nites spedo interactions !


Your mint condition press note link is here for same side of a coin @ Javed + @ Mukund review on anote that POTA is no more the same Law;



Well, we will talk some other day on "How Hindu is My Marriage" thoughts with which you oppened this wrong titled second thread post Mr. Smart NRI (in court matters we members of the Bar are never said to be personal so this statement is not personal, it is blunt fact for once lucid introspection).

Ramesh ( )     20 October 2012


Thank you for the valuable information and this is exactly i was looking for and this clearly depicts how far our Indian legal system is corrupt.

All around the world this would be a simple civil matter and one gets a divorce and spouse gets alimony based on the earnings.In india its a case of Abala nari who once got married her market value is gone and her entire life is destroyed so even if she was not even touched and no dowry was asked still with help of a lawyer can can put all false charges not only against her husband but also against in laws and relatives of husband.

Its not worth to fight against the corrupt Indian legal system instead its better to leave the country forever.

Tajobsindia (Senior Partner )     20 October 2012

I disagree completely to you. Our system is perfect for such runaway grooms.

Re-read your own previous thread of last night which we discussed and pasted above as link for clarity;

One – You already had divorce proceedings with first wife back in
USA and you came to India and whispered to would be bride about it instead of shouting at your parents the status of your existing marriage with an American woman. – it is called fraud / cheating. You were then not a puppy that someone could have tied engagement ring.

Two – Nevertheless, you returned back to
USA and were again called back to India on some pretext and with wide open eyes you got “ceremonial marriage” completed with this Indian girl taken now as your Hindu bride thinking that your divorce will be through in USA
which you also knew it was not meant to be so. Again you whispered to this Indian girl in 4 walls of your Indian bedroom instead of shouting at your parents the status of subsisting marriage divorce proceedings with that American woman. – it is called fraud / cheating. You were not a drugged to my knowledge to have willfully completed two important ceremonial events of a Hindu ceremonial marriage nor you was induced into completing marriage ceremonies by anyone.

Three – Now after sleeping on sofa of your bedroom on first night next day you desert Indian wife obviously without consummating ceremonial marriage and with passage of time in
USA you were awarded divorce from your American wife. You even cheated American system by not telling them in a American subsisting marriage that recently you got yourself married in India
when American divorce is also not through. What is that as per American Family Law system you want to tell us I should we tell you the exact Act and catena of County Court judgments!  

Four – Meanwhile your Indian wife speaks about Registration of marriage (since it is made compulsory since 2006) with her after deserting you show her your brownies of American Perjury Laws and say what you said in above link post (Indian Consulate ….blah blah). It is called entrapping once self in once own “wrong doings”.

Lastly – When you get a glimpse of Legal remedy available to your Indian wife by our above post whom you deserted by committing fraud / cheating (though it is a void marriage I know that) you are taking refuge of your own doggy cemetery and calling names to our Indian legal system.

All you could have done was to void the second marriage by paying through your nose the dishonor of a girl intentionally committed into ceremonial marriage by your wide open eyes, i.e. rubbing your NRI nose to their social feets long time ago. You are not a child not to speak about your American wife + USA marriage + USA Divorce to your parents earlier two occassions but you simply pissed in your pants telling the same to your parents neither at engagement nor at marriage but claiming to whisper to a unknown girl about to become your wife and then becomes your wife and now "crying fox” of our Indian system.

Height of perjury both in India as well as in American soils!

How fair are all these for a void Indian marriage? And is she not right in invoking in future arrest of your left out old parents leaves aside her honor blah blah that I will still cover up in above reply last para bold quote “How Hindu was my marriage”.

You have very simple remedy even now available and I am with you but the more one twists the walk a tales the more adversial Law of the land takes its course. Choice is always yours not this bride's for a simple reason every would be Indian bride when encountering NRI's mostly knows that the NRI is telling stories of his marriage or non-interest to me otherwise his parents would not have approached me for my hands and once he gets married he comes to family mould that is simple innocence Indian estyle. I donto see any wrong in that.

ta ra rum pum pum………

[As usual last reply on presented theme]

Javed (CA)     20 October 2012

Dear Ramesh if you lived in India then you should also know our Indian system, people like you are the bread and butter of the lawyers so please don't get afraid of any threats as per your case the girl is also equally responsible and at fault but again Indian society men are always at fault.

I completely diagree with the advice what Tajobsindia gave you "All you could have done was to void the second marriage by paying through your nose the dishonor of a girl intentionally committed into ceremonial marriage by your wide open eyes"

Never pay a single penny as you are a Greencard holder then go and get your passport renewed for next 10yrs and keep calm.All Indian companies in US knows about 498a and these cases.Also as your marriage is not registered so i bet no one can touch you on American soil as they don't accept circling round fire.For issuing RCN and everything its a long process and again Hindu Marriage ceremony is valid in eyes of Indian law but Americans ask for Documents attested by MEA and Indian courts cannot change American laws.

Your parents and relatives can hire a good lawyer in India and easily fight the cases against them.


do not worry at all....... no point givin a sh*t about indian b*tchy laws specially when you have to stay overseas !!

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