Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rohit (Private)     14 December 2010

Marriage based on Fake Certificate

Dear Group

Thanks for your continous support.

I am a software professiona and I was looking a MCA bride for my marriage and i marry a girl and she and her family told and show me the marksheet and provisiona certificate of MCA.

Later i found out that all the certificate and MCA certificate is fake and they cheated me, now after all discussion they are threatening me to file a case under 498A.

Anyone please advice how to survive of this. and get rid of fraud people.

 

Thanks

Rohit



Learning

 9 Replies

N.K.Assumi (Advocate)     14 December 2010

Did you marry a certificate or a Girl as your better half? If you think that you marry education qualification, you should have checked the educational details of your wife, authenticity of your to be wife’s degree, year of completion and the course pursued. Please note you should not have relied on copies of documents provided by her as proof. Instead you should have gone directly to the source institution/university for verification. The blunder lies in you also.

Rohit (Private)     14 December 2010

Dear Mr. Assumi

Thanks for your kind advice, please help me out, you are right, i made a mistake not to do any verfication, please let me know what i can do to protect myself from 498A threat, becuase she is threatening all the time of putting me under case, and every now and then is demanding heavy money for herself, sister and some excuses.

Once again thanks

Rohit

 

Saurabh..V (Law Consultant)     15 December 2010

@Rohit

 

You should collect the proofs of such acts of your wife and her parents in video recording or voice recording. Without proof its very difficult to sustain against even false cases in India.

 

Alternativey, in my view you should file for divorce on the ground on fraud. Appoint a good lawyer and file a divorce as soon as possible. It's OK that you committed a mistake to marry a fraud girl by relying on her statemts and assurances by her parents but do not commit a mistake by becoming a victim at the hands of these criminals. Fraud is a good ground in law for getting divorce. If you file for divorce and get proofs of such threatening in video or voice recording the court would start criminal proceedings against these people.

 

As not only the wife but her parents also plaed fraud so all should be thrown behind the bars for the fraud.

 

@N.K.Assumi

 

I think we being the sincere members of our forum, should moralize the victims of malice and promote peace. Your views are sarcastic and only critisize the act of the post. Try to help the needy and put the personal grudges out of the purview.

 

 

//peace

/Saurabh.V

Rohit (Private)     16 December 2010

Dear Mr. Saurabh

Many thanks for your good advice and support, I got my life back, i was in a impression that it was completely ruined and played by these people through my whole life.

Mr. Saurabh, i need more guidance, pls explain

1). I have a proof of my marriage advertisement stating that we were looking for MCA Girl.

2). I have a proof from her university stating that the certificate and markseets provided by them is fake and actually she has not even enrolled for MCA, she was enrolled for MSC and not even completed and the university have given me in writing.

3). My mother is very old and her whole family were misbehaving and thereating to book under 498A to all of us.

4). I am from Delhi and she is from UP and married happened in Delhi in April 2009.

5). we have no child.

6). Currently she is at her parental house, she went there as his own will.

7). We never asked for any thing, no dowry or nothing, my family was just looking for a wife for me. because i am a software professional so my parents wants to have a correct match.

8). Being a software professional, i used to go abroad.

Saurabh i explain almost everything as i can collect, i need your advice how start from here considering my family safety and security.

 

Once again

Many thanks all of you

 

Rohit

Saurabh..V (Law Consultant)     16 December 2010

@Rohit

 

1.) This proof could only amount to your expectation but a rigid proof that you wanted only a MCA is required. Still in your case your wife is not even holding masters so you have a solid proof in hand.

 

2.) This proof would help you in addition to the proof in pt.1

 

3.) As I already suggested, try to draw evidence in the form of video or voice recording in which your wife or her parents are coercing you and threatening you for 498-aor similar fraud cases.

 

4.) You are lucky that the area of Jurisdiction would be Delhi for the case. A local court in Delhi only could hear this case and it cannot br tried in UP

 

5.) It's more good that you have no emotional bonding due to any child. It would be easier for you to part with the girl.

 

6.) The reason why she left the matrimonial home should be justified. If she cannot prove any coersion or cruelity by you then she is unjust in leaving you behind. A spouse is not supposed to desert the other without just case and if he/she does so, it becomes a clear groud of divorce. But for divorce in such circumstances a petition could only be moved after 2yrs of such desertion.

 

7.) You have to mention this point in your petition before the court. Then it would be the wife and her parents to show that you demanded dowry.

 

8.) It is also relevant point that you spent very less time with the girl.

 

With the above points I suggest the below steps:

 

a.) appoint a good advocate who has prior proven record in matrimonial cases. If you are in Delhi then I can suggest you one genuine and good advocate.

 

b.) file a petition for divorce in local court which hold the jurisdiction for your case. In your petition the groudn should clearly be the fraud. With this you can pray to the court to grant a decree to annul the marriage because of the fraud played on you.

 

c.) as this fraud as you mentioned may not be acceptabel alone, you should add the points as stated in above that when you inquired about the studies from your wife she threatened you and left the matrimonial house. And that now her parents are also threatening you of dire consequences and of false cases.

 

d.) this would be a private complaint so the judge of the court would decide to order a criminal trial or a mrtimonial case. The advocate whom you would hire should be able to get you out of this menace within 2yrs from now.

 

e.) last but not the least, file this petition as soon as possible. As otherwise if your wife files her false case then you would be in deep trouble.

 

All the best!

 

//peace

/Saurabh.V

Rohit (Private)     16 December 2010

Many thanks Mr. Saurabh

Rohit (Private)     16 December 2010

Dear Saurabh

Please give me the contact number of your lawyer friend,  will try to contact him as soon as possible.

Regards

Rohit

Rohit (Private)     17 December 2010

Dear Mr. Saurabh

There is one more quesition creating a lot of confusion, is it possible to get AB from UP for the same case against 498A, so many people have different views some is saying it is started, some is saying "NO", please advice. some says started just before 3 months before after 34 yrs. etc etc.

Can we get this AB or not started or difficult to get or possible from  UP.

Best Regards

Rohit

 

kanwarjeetsingh (Adv)     17 October 2012

Can we get this AB or not started or difficult to get or possible from  UP.

 

There is no provision of AB in UP


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register