Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pamela (Trainer)     09 June 2010

Fraud and cheating

Just before marriage my husband confided that he had a case against hi for which he was going to be acquitted. I accepted it as i love himand trusted. postmarriage, he then toold me after six months that some new evidence has come up for which he would get life sentence  under sec 420, 471,467. :: forgerly and financial fraud(internantional level)

i met his lawyer who told me that he and his parents were well aware of these charges, and that a previous proposal of marriage was dropped for this reason.

i need t now:

is withholding such information constitute to fraud and cheating?

what is the case that can be filed against this family and what is the punishment?

Please advise!!!!



Learning

 5 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     09 June 2010

This is your test , try to be realistic since through legal process you will not achieve any thing and will ruin your life also. Give strength to your husband and inlaws to fight the cases against them. In the hour of need be a pillar of strength. Probably due your courage , encouragement and conviction they may come out of the presrent problems.

1 Like

Daksh (Student)     09 June 2010

Dear We for You,

I concur entirely with you and appreciate your stand.

God bless

Best Regards

Daksh

Parth Chandra (none)     09 June 2010

Pamela,

I really have sympathy for you……but …based on the fact that… They are already facing trials and are about to be convicted for which they may get sentence up to life prison…..you have following options

1) File 125 crpc and DV on them on the grounds of cheating – HERE YOU WON’T BE ABLE TO GET ANYTHING BUT TO RUIN YOU PRECIOUS YEARS IN ROAMING AROUND COURTS AS THEY ARE ALREADY FACING TRIALs and COURT WON’T BE ABLE TO MAKE THEM PAY TO YOU AS PER YOUR WISH.

2) Support them in the hour of need…if you think that at any moment your husband has loved you and cared you then stand by them….it would earn lot of respect for you.

3) Pursue them for mutual divorce (WHICH IS THE BEST AND EASY THING YOU CAN GET IF YOU DON’T WANT TO LIVE WITH THEM) and recollect your life and start afresh with someone else.


(Guest)

is withholding such information constitute to fraud and cheating?

As a matter of fact, he has not withheld information.  He indicated you about the case.  Even then you proceeded with the marriage for the reasons best known to you.  Now, you want to come back.   If you want to get annulment, yes, madam, under Section 12 (1)(c) you can seek annulment but you have to distort the facts that you came to know about the criminal case only recently.  This concealment by your husband regarding criminal trial  is material and you can get annulment.  Giving moral support to international scamsters, it is not your duty.  You can feel free of such pinpricks of consciousness.  We have seen Ms. Abha Rathore defending her husband in Chandigarh Courts and also saw the wife of Shyny Ahuja defending her husband on national T.v. about his involvement in rape cases.  They are not  role models and you need not to imitate them.  If you want to get annulment, I think, you can get it. 

what is the case that can be filed against this family and what is the punishment?

The case you can file is for annulment for cheating you.  In that you can ask for maintenance, if you need it.  If they have thrown you out of matrimonial home, you can seek shared household also, if you want to keep the matrimonial life in tact.

 

V.G.Rao Advocate (Advocate)     09 June 2010

Mrs Pamela, u ur self admit that just before marriage, he informed u about the case pending against him, then it is ur family duty to enquire about the case and its seviarty  before giving consent to the marriage, instead u decided to get married. forget past just co-operate with ur husband, u will not achieve any thing by filing cases, nor ur life will be changed, if ur interested go for mutual consent divorce.


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