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Amit (NA)     17 April 2012

Filing 420

Hi,

In my divorce case (where wife cheated wrt her age and also acted cruelly), we have finished with one counselling where the issue was not resolved amicably. This was in Feb and since then my wife has been either absent or asked for more time. Now when the counter had to be filed by her, she now requested for another counselling claiming that the previous counsellor was not good.

My questions are:

(1) Can there be two counselling sessions? Is there no end to this?

(2) I am now contemplating filing 420 for cheating (wrt her age). Any other relevant ipc sections applicable here?

(3) Since I don't have much knowledge, what happens after filing case under 420? Is it filed in criminal courts? Do I need to be present at the time of filing? Are summons issued to her in the normal way (like they did for my divorce petition)? What if she refuses to attend court (like she did till process serving)? Are there any success cases where this kind of cheater has been punished? How long does it take? If any one can give me case studies similar to mine, it'd be of great help.

 

Thanks



Learning

 8 Replies

Amit (NA)     17 April 2012

I think I can also add sec. 419.

Can I include their family members too, especially her mother as she is also involved in telling us the wrong age?

Pankaj V Bandekar (Legal)     17 April 2012

(1) Can there be two counselling sessions? Is there no end to this?

Yes there can be two counselling sessions but if she is failing to attend the same, ask the counsellors to make a report to that effect in the Court and proceed with orders.

(2) I am now contemplating filing 420 for cheating (wrt her age). Any other relevant ipc sections applicable here?

No, you cannot have any other section and Section 419 is an offence of impersonation which is not applicable in your case as faking age doesnt amount to impersonation.

(3) Since I don't have much knowledge, what happens after filing case under 420? Is it filed in criminal courts? Do I need to be present at the time of filing? Are summons issued to her in the normal way (like they did for my divorce petition)? What if she refuses to attend court (like she did till process serving)? Are there any success cases where this kind of cheater has been punished? How long does it take? If any one can give me case studies similar to mine, it'd be of great help.

Dont go to court but file FIR with polcie tehn due to fear of arrest she will surrender to you. Secondly, If you have to file in COurt then yes, you have to be present at the time of filing and every date to ensure your advocate is looking hoenstly in the matter.

However, ensure that you have sufficient documentary full proof evidence about cheating of age else you will land up in problem as she will atke action against you for filing false complaint.

 

Pankaj

Amit (NA)     17 April 2012

Thanks Pankaj.

I'm just going through the documents and here're some more details.

Her original name is "XY Z" but she took some documents in the name "X Z" with wrong age. Doesn't this amount to impersonation? I have her driving learner's license (and the permanent license application in which she failed). I'm aware (saw them personally after marriage when I was not aware of the cheating) of some other documents in which her name "X Z" and her wrong DOB is given but I do not have a copy. I also  have a copy of her document showing "XY Z" and the actual DOB.

To hide her identity let me give some examples of her name and DOB.

Her original (only example): "Lakshmibai Jain" DOB 1975

What she told us (only example): "Lakshmi Jain" DOB 1983.

 

Also is sec. 417 applicable here?

I found out the fraud in Aug'11 and started gathering her documents and got them in Oct'11. According to Cr.Pc 468, 469 it seems the cases have to be filed within one year. So I can go ahead and file the cases right?

Is 420 applicable only to material losses? Is it not applicable in my case?

Are you suggesting that I file an FIR and not court case? Or both?

Thanks

Amit (NA)     17 April 2012

Forgot to mention that she knows the law very well and has very good clout among the lwayers.

She herself is practicing now.

What happens after filing FIR? Will she be arrested for this? What happens after arrest?

How is she informed of the FIR?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 April 2012

You are running too fast.

 

Let things settle. It can be a case of lying under oath and a petition u/s 340 CrPC is maintainable.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Amit (NA)     18 April 2012

Thanks Shonee.

But it's not clear what you are suggesting.

What do you mean by "settle" and who would be lying under oath? Are you suggesting I should file a petition u/s 340 crpc?

In an era where women are filing fake 498/DVA for every cough and sneeze, why can't we file a genuine cheating case? Let her and her family members prove their innocence. I have enough documentary evidence to prove they are not.

Also, given an my example in the previous posts does it come under "impersonation" (i.e., the name and DOB change)?

Thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

Don't file any cases when mediation is going on was my only suggestion.

 

In addition to all you stated, a case of perjury is also made out.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Amit (NA)     06 May 2012

OK. So the second counselling is also done (this time it was by a judge and observed by a group of judges).

 

I insisted that I want annullment since 8yrs elder wife who cheated by claiming to be one yr younger is not acceptable to me apart from her bad behavior.

Surprisingly the counsellors (group of judges) claimed that this is not a very serious matter. I begged to differ saying that she cheated wrt to her age. Then they started saying you accepted her after seeing her so continue it etc. And that I should have verified all her details before marrying. I told them in our community we never checked all documents before marrying nevertheless that does not make her cheating right.

And not so surprising thing is that my wife claimed in front of them that she told about her age before marriage. Why would I marry someone who's 8yrs elder to me? Also I have documents that she took (most likely by wrong means) post-marriage with her wrong DOB (that which she told us at the time of marriage). These were taken to continue fooling us.

From her talk, I am thinking that she's trying to prolong the case as long as possible (may be approach High court or Supreme court too).

I am not sure what to do now. Please advice me.

Thanks


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