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Amit (Engineer)     05 June 2016

Fraud in marriage

I met a girl online and married her after she convinced me that her parents will not agree to our marriage. She never introduced me to any of her family member. After seven years of marriage I have come to know that she is already married with one daughter and her first husband works abroad. She had been going to her first husband on the pretext that her father is severely ill. I had often fought with her on going to her parents house as she tells me I am not acceptable to her parents. Whenever I tell her that I will leave her ,she threatens me with suicide. Is our marriage still valid? Please advise what step I should take as I have joint lockers with her ,accounts in her name and a passport of my address.



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 14 Replies

KS Johal   05 June 2016

How can your marriage be valid if she was already married. It is a serious offense to marry someone without first desolving their first marriage. You need to take immediate advice as this can also effect you.

KS Johal   05 June 2016

How can your marriage be valid if she was already married. It is a serious offense to marry someone without first desolving their first marriage. You need to take immediate advice as this can also effect you.
1 Like

KS Johal   05 June 2016

How can your marriage be valid if she was already married. It is a serious offense to marry someone without first desolving their first marriage. You need to take immediate advice as this can also effect you.

Kumar Doab (FIN)     05 June 2016

Do you still have the online records that show her as unmarried?

Do you have evidence of her 1st marriage and that bit still exists?

Do you have evidence of her travels to her 1st husband?

 Does she agree to convert a/c's in your single name?

You may approach a very able counsel and proceed further under expert legal advise that your counsel can render after examining all docs and inputs.

 

 

1 Like

Amit (Engineer)     05 June 2016

I do not have online records that show her as unmarried.

I have the evidence of her 1st marriage and that bit still exists.

I have her pictures of her with her first husband cutting cake on which it is written Happy anniversary.

Kumar Doab (FIN)     05 June 2016

You may approach a very able counsel and proceed further under expert legal advise that your counsel can render after examining all docs and inputs.

 

fighter (Software professional)     06 June 2016

You can file 2 cases on her.

First under IPC 494 marrying again in life time of legally wedded spouse if  not legally divorced.

Second file null void petition of marriage under hindu marriage act section 12(1)(C).This petition can be filed within one year of marriage or within one year of expose of fraud irrespective of lenth of marriage.

1 Like

Vijay Raj Mahajan (Advocate)     06 June 2016

Do you have sufficient proof of her previous marriage and child born out of that marriage, if yes than you can seek for decree of nullity of the marriage under section 5, 11 of the Hindu Marriage Act,1955.

Merely by hearsay that she has a husband and child out of previous marriage will not be enough to get your present marriage declared null and void.

In court of law we go by evidence not by mere sentiments and hearsay stories, collect evidence about her living husband/previous marriage, child born out that marriage etc than move for the annulment of the marriage.

1 Like

Amit (Engineer)     06 June 2016

Yes I have evidence of her marriage in form of a picture. I have a history of her chat with her first husband. She chats with her first husband when I am away and in that chat they often discuss about their daughter. Are these proofs sufficient in court.

Kumar Doab (FIN)     06 June 2016

Show everything to your counsel.

T. Kalaiselvan, Advocate (Advocate)     09 June 2016

Your marriage with her is null and void.  On the basis of some valid proof to prove her previous marriage and claiming the knowledge to be within a year as on the date of filing a petition, you may file a case for annulment of your marriage on the grounds of nullity due to her subsisting previous marriage and spouse of that marriage alive.

This will certainly fetch you desired result and remedy to all the problems you face.

For passport and joint lockers, you may decide and plan things meticulously so that she does not revolts on it and retaliates. 

If she is giving suicidal threat you may in advance file a NCR with the local police about her suicidal threats.  

Born Fighter (xxx)     10 June 2016

U came to know about her first marriage after 7 yrs ???

 

do you have kids ??? 

 

remove your money and valuables from Joint lockers/accounts before you proceed as advised above. Remember she is a lady so tread catiously . Hire a prudent criminal lawyer and take steps accordingly.

Kumar Doab (FIN)     10 June 2016

Sum up and proceed carefully under the wise advise of a very able counsel.

 

Eerangere Sana (Excellent Lawyer)     11 June 2016

Originally posted by : TGK REDDI
You can't be prosecuted for bigamy whereas you can prosecute her for bigamy, etc.    You can't prosecute her first husband.

 

But don't prosecute anybody.     You can take divorce very easily.     Keep yourself away from her for preventing her from making allegations against you.

 

You needn't contract any Advocate.      Simply tell the facts to the magistrate.     He should look after all other things himself.

Agree                                                               


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