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Santosh naik   11 March 2020

My wife and her father cheated me while purchasing land in her native


Hi sir,
I had aggranged marriage on 19-May-2019.i am working in MNC at Bangalore as senior software engineer.
after 4 months of marriage my wife and her father told me to buy 2 acre agricultural land in her native for investment.i agreed and went to her native,that time my father-in-law introduced 3 land owners and he negotiated the price with owners in their hometown.total 3 owners (half acre belong to party1+ half acre party2 + one acre party3= total 2 acre for those 3 owners).
All these three parties and relatives and having same survey number 87/A1 (half acre land), 87/A2 (half acre) and 87/A3(one acre). Both my father-in-law and party1 are close friends initially. my father-in-law has purchased 3 agreement papers (article bond 12) in my name and those three parties, total cost for 2 acre land is 23 lakhs (490000 half acre + 490000 half acre + 1180000 one acre). party1 and father-in-law both asked me to pay advance cash rs 14,60,000. Some amount I taken personal loan in bank and paid rs 1460000 amount as advance in cash after withdrawal from my bank account.now I'm paying big EMI in bank.
after few days my father-in-law called me and told me to make 3 DD as to show government validations rate during registration.i visited bank and made 3 DD for those 3 parties as beneficiary names. Both my wife and father-in-law started forcing me to register all 2 acre land in my wife names.i registered half acre land in my wife name with party1 agreement. But both party2 and party3 skipped for registration. I started questioning this to my wife and her father.that time they harassed me and she taken all my agreement papers and DD.
i have informed to my father and alone returned to Bangalore.immdediately I visited my bank to cancel DD but bank manager told me that those 3 DD have been encashed by those 3 beneficiaries.i have consulted lawyers in my city and lodged OS suit and private complaint in court against my father-in-law and 3 land owners.after few days my wife and her mother came to my tented house and they both slapped me in front of house owner and she has taken golds and returned to her native.
After few days again she came to my office and complained to my HR to remove from job. But my HR denied her complaint. She lodged NC complaint against me in police station in Bangalore.after 1 week again she came in front of my office along with police and taken me to police station. Police has assaulted me lot and I spent 1 day night in station.both my wife and police forced me to remove suit in court.next day immediately I have visited my lawyers in my city and explained about wife harassment and police assault.lawyer told me to take photos of my injuries and made MLC certificate in government hospital.
we wrote to top police officials about assault but they neglected because my wife uncle is ex-MLA(bjp) in my district.
This is my 2nd marriage, I got mutual divorce in first marriage by payment of 7 lakhs to my first wife.
I have photo copy of all three agreement bond papers and DD copy in my mail.also I have gathered some chats from my wife in whatsapp.i have provided copy to my lawyers. This much cheating I got from wife and her father. Land owners are supporting to my wife and her father because they are friends with my father-in-law.

Please help me to clarify-

1.can my wife file 498a case against me?,she already filed NC complaint in police station but FIR registered.

2. Can I file for contested divorce in 10 months of marriage?

3. Can I get contested divorce easily with help of cheating case(private complaint against father-inlaw and land owners)?

4. Do I get my money back through OS suit and cheating case from court?
5. Please suggest your opinions in this bad scenarios.

Thanks.
Santosh


Learning

 14 Replies

Santosh naik   11 March 2020

1.can my wife file 498a case against me?,she already filed NC complaint in police station but FIR NOT registered.

2. Can I file for contested divorce in 10 months of marriage?

3. Can I get contested divorce easily with help of cheating case(private complaint against father-inlaw and land owners)?

4. Do I get my money back through OS suit and cheating case from court?

Bharath (Advocate)     11 March 2020

1. Yes! Your wife may file 498A against you and your family. You don't worry because you are having all the evidence to show otherwise.

2. You cannot file a divorce either contested or mutual within 1 year of your marriage.

3. You have to prove that your wife treated you with cruelty. It depends on the merits of your case.

4. If you have filed a suit for specific performance of sale agreement. The sellers should transfer the property to you provided you prove to the court that you gave those amounts to those sellers as per the agreement.

You stated that you filed a criminal case against your FIL and 3 sellers. You may also file a criminal case against your wife and FIL for cheating and criminal breach of trust. If the police do not register your case, send them a copy of complaint through a registered post and also send a copy to higher authorities like SP 

I did not understand why you filed a criminal case and a suit against the 1st Seller as he already registered the property as per your directions on the name of your wife

Advocate Suneel Moudgil (Advocate)     11 March 2020

1. Yes, your wife can file a 498a case against you,

since FIR is registered you can apply for the anticipatory bail to avoid any harassment,

 

Advocate Suneel Moudgil (Advocate)     11 March 2020

Yes, you can file a contested divorce on the basis of mental cruelty, cheating, etc

Advocate Suneel Moudgil (Advocate)     11 March 2020

3. contested divorce usually take many years for its disposal, and it's not easy

 

Advocate Suneel Moudgil (Advocate)     11 March 2020

4. recovery of the money depends upon the facts and merit of the case,

if you are able to porove your case, yes, you will get your money back, else NO

Advocate Suneel Moudgil (Advocate)     11 March 2020

 

Try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since your earlier marriage was dissolved through MCD, therefore, you are aware of this fact)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Santosh naik   11 March 2020

Sir, she filed only non-cognizance complaint(NC) but police not filed FIR.How can she file 498a?

1st party taken all my advance amount but did not give to 2nd and 3rd party, so 2nd and 3rd party skipped for registration of land. 1st party gave remaining amount to my FIL.

Bharath (Advocate)     11 March 2020

A wife can always file 498A case and police will register the case no matter what. Only in negligible cases police are conducting proper investigation.

So unless you prove that you gave the cash to 1st party you cannot prove your cheating case or your suit.

Prem Joshi (Advocate )     11 March 2020

Mr. Nyar...no need to worry as you have sufficient evidentiary documents in ur position...But it is the reality that litigation takes time to finalize....so properly think and take ur final decision and don't be worried.

Prem Joshi (Advocate )     11 March 2020

Mr. Nyar...no need to worry as you have sufficient evidentiary documents in ur position...But it is the reality that litigation takes time to finalize....so properly think and take ur final decision and don't be worried.

ANAMIKA VICHARE (LAWYER)     30 March 2020

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Archit Uniyal   31 March 2020

Hey,

Your case is about Section 498A Indian Penal Code which states that whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Cruelty under this section implies:

  1. any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
  2. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

So, to your 1st question that whether or not your wife can file a case against you under section 498A, Yes, she can. She can do this to build a stronger case as she has the backing of her uncle and has already registered a police complaint. That might further her cause.  

 

Regarding your 2nd question, Contested divorce falls under Section 13 of the Hindu Marriage Act, 1955. Contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion, etc., known as matrimonial offences or crimes relating to marriage). So Yes, you can file for contested divorce on the grounds of Cruelty and fraud. However, you will definitely need to prove it in the court. Since you have registered the property in the name of the wife himself, it can be very difficult to prove it in the court. Contested divorce proceedings take a very long time in court proceedings and are notoriously known to drag on for a minimum of three to four years to get fully resolved in court. Also, contested divorces sadly have a 40% chance to work through.

 

For your 3rd question, since you have already have filed a complaint, a cheating case (private complaint against father in law and landowners), it might help you in getting the divorce, but the battle will be long.

 

As for your 4th question, it is very unlikely that you will get your money back through OS suit and cheating case from court. The court even if it manages to grant the order in your favour will not be able to guarantee the money returns. Cases like these become extremely difficult to prove in court looking at previous cases.

I hope this solves your query.

Regards,

Archit.


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