Puneet (Victim) 29 May 2013

Ipc 420 misuse in matrimonial issue

Other than 498a there is one law which is now days heavily being misused and that is 420 in matrimonial issues.In situations when engagements breaks or the boyfriend breaks relationship also this law is being misused against the men.

As its a case of cheating which can be anything saying that the husband was cheating with his salary or family status or even when husband and wife relationship get sour the wife can file cheating saying that he cheated her into marriage as he was not interested in having kids or a family.There are multiple things on which a wife can file false cheating case.

Now my question is if a husband and wife living separate then is it possible for her to file any kind of cheating case and what is the time frame for filing any cheating case after the fraid has been noticed?

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7 Replies

(Guest)

@Querist,

1.Cheating U/S 420 or 415 or other such related cases can be filed in respect of 'Streedhan'.Property must be involved in such cheating.The property may be any Valuable Security defined U/S 30 of IPC.Wrongful loss and wrongful gain is one of the main aspects of cheating charges.

2.Cheating other than that mentioned in point number 1 amounts to fraud.For example if someone is seeking annulment of marriage on account of some force/fraud or any other such matter as defined in section 15,16,17,19,and 20 of Indian Contract Act 1882.

Give an insightful reading to the above two paragraph and I strongly believe you would get the proper reply to your query.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Puneet (Victim) 29 May 2013

Originally posted by : newS_Know!!!

@Querist,

1.Cheating U/S 420 or 415 or other such related cases can be filed in respect of 'Streedhan'.Property must be involved in such cheating.The property may be any Valuable Security defined U/S 30 of IPC.Wrongful loss and wrongful gain is one of the main aspects of cheating charges.

How can one prove that the property(Streedhan) is involved.If a women wears fake gold ornaments on her marriage and with that pics can she claim that these are real gold ornaments and file a false complaint that the husband or her family took them.Is it mere words of the woman which is taken into account or one needs to have document proof that Streedhan was given ?

As per point 2 in case of fraud there should be a contract involved and Hindu Marriage is not a contract then on what basis the someone file a fraud case.

Give an insightful reading to the above two paragraph and I strongly believe you would get the proper reply to your query.

Also what is the timeframe for filing case under above mentioned 2 points ?

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

(Guest)

@Querist,

1.You needn't quote my words.You could have simply write your contention.

2.Once it's established that you have been given dowry,the burden of proving that certain items was not given to you as a dowry lies on you.In other words,the court take presumption that a certain item was given as dowry and now it's your duty to prove the contrary.

3.Hindu Marriage,when done under Hindu Marriage Act is a contract.I have,in one of my previous replies,put the fact along with evidences.If you are unable to find the same,just google the matter if hindu marriage is a contract under Hindu Marriage Act or not.

4.I can't predict timeframe.It's depens upon dates,availablity of judges,evidences and various other circumstances.

5.Before asking again anything to me,first try yourself to find facts and if you fail,let us give a try.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Puneet (Victim) 29 May 2013

Under which contract does Hindu marriage act applies.

If it is under then Indian contract Act then please read Sect 29 of HMA and the use of words like "shall be,could be,would be" are uncertain words then how come uncertain words be used in a contract ?

As you mentioned that once its established that dowry is given then what is the purpose of proving when something is already established ?

If X files a complaint that Y took so and so money from him/her then there should be some evidence and same way before wife says Streedhan was given then there sould be something to show that it was given and the form of giving has to be proved.There should be some financial transaction or some kind of evidence before filing charges.