Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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makmak (CEO)     02 January 2013

Urgent - is it fraud and eligible for police complaint

Dear learned experts,

I seek your advice. 

I was married two and half years ago and same day my wife returned her home citing some health reason, and since then she never returned, nor allowed me to touch her when i went to her home to pursue my married life with her. After all attempts, I predicted she is in mood to extract money, and I filed pettition in HC. Counselling was arranged between us, and she was not inclined to join me and in counselling she lied that marraige was consumated. Now Again she created a profile in one of matrimonial site as "unmarried" and seeking a boy for her marraige. collecting her new profile evidences, can i book for fraud and cheating criminal case against her?  Because she is my wife and claiming as unmarried status and seeking another alliance is cheating. Can i use any CrPc section for this. Kindly help me

 



Learning

 10 Replies

Akshay Sahni (Founder/Partner)     02 January 2013

 

 

 

Dear Sir, 

Yes you can file a criminal complaint against her. We would be able to assist you through, for any further queries please visit firm's website www.indialawhelp.com

Regards

Akshay Sahni

Advocate

Partner

09891982832

Tajobsindia (Senior Partner )     02 January 2013

1. There is a error in your query; You cannot directly approach HC based on narrated facts.

However for matrimonial site profile one can use criminal r/w IPC sections making matrimonial site as witness and single citation in public domain is there where a female litigant got divorce using FB profile of her husband post their marriage.

2. Your other option is using un-consummated marriage as ground for divorce where you have to prove her impotency if Hindu matrimonial law is in usage here.

Hire locally via reference an advocate and may set wheel of law in motion based on above para opinions.

2 Like

Chetan Joshi (Advisory/Advocacy)     03 January 2013

I do not undestand, Is she your wife???, what will you derive by filing all these allegations even if true, and live with her at the same time....

 

 

Come on!!...You either need to sort it or move on, If you think that she is not the one for you then Get a Divorce...Getting into un necessary litigaition will be a waste of tome and money....

 

 

Do have a local lawyer via reference who can work out the legal part for you....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Ranee....... (NA)     03 January 2013

Is the matrimonial profile recent?

file divorcce as there si no point to wait for her or any need to bring her back.

makmak (CEO)     03 January 2013

@ Tajobs, Chetan and Ranee, Thank you very much for sparing time to address my query.

Tajobs sir,

I filed divorce pettion on the  ground of cruelty meted on me owing to her refusal to cohabitate.While divorce pettion is in court,recently I found she created profile with fake age ( age 2/12 years less than her original age) and marital status as "unmarried" and her account is active with as "paid profile" ( I mean she recently created a paid account and her phone numbers are available in the profile) so taking help of the matrimonial sites, under which section i can file fraud in PS. moreover i dont want to see another person get cheated like me.

@ chetan, yes she was married to me legally and marraige was registered. but she never allowed to have physical relationship. When i asked for MCD she refused, and asking huge money in return for no fault of mine. and eyeing to use DV and 498a. She is a cheat , in court she said i had physical relationship with her ( blatant lie) and she created account in site as "unmarried" We need to teach lesson as well i need to use this opportunity to force her for MCD. Thats it.

@ Divorce pettion is in tact and delayed by her every time with cheap excuses and judge seems to be accepting though knowing that she delays.

- harrased husband.

Gaurav (consultant)     03 January 2013

Apologies for taking over his query.

Any husband can file divorce on the basis of non-consumation as after years (or months) of desertion how will she proove that marriage was consumated and that too with husband as she might had relations with some other guys after desertion.

If a husband has such emails of wife in which she is asking him politely to give her more time to have physical relation and right after that she derserted then why cannot husband claim this marriage as non-consumated ?

Moreover husband can create fake matromonial profiles of wife to add more to it so will such a profile will be considered?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2013

Gaurav,

 

Non-consummation per-se is not a ground for divorce, denial of s*x is. Also, it can be proven who has created any profile and how the payment is done for the paid services.

 

Makmak,

 

It is no criminal offence if she has a paid profile on a matrimonial site, unless she cheats someone through it. It might be an added cruelty to you.

 

 

Regards,

 

 
Shonee Kapoor
1 Like

makmak (CEO)     03 January 2013

Shonee sir,

Suppose she used that profile to lure someone with "expressed interest" wont that be covered under any one of the cheating sections? I believe yes , is n't it?

- HH

Tajobsindia (Senior Partner )     03 January 2013

In reference to context it may constitute 'cheating' as plain reading of the ingredients required to constitute the offence of cheating are :--
(i) There should be fraudulent or dishonest inducement of a person by deceiving him;
(ii) (a) The person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) The person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii)In cases covered by
(ii) (b), the act or omission should be one which causes or is likely to cause.

Cheating is defined in S. 415, I.P.C., which is as follows "Whoever, by deceiving- any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces, the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputa tion or property, is said to "cheat"

Creating a 'unmarried' paid profile is pointing to possible intent to dishonestly induce a person.

Mentioning 'underage' than given age is pointing to deceiving a person.

NATARAJAN IYER (Proprietor)     16 December 2014

LISTEN CAREFULLY

 

TWO STEPS : BOTH IMPORTANT.

 

1) EVERY MATRIMONIAL PORTAL WOULD HAVE THIS INFORMATION ABOUT THE

 

MOBILE NUMBER

 

MOBILE NUMBER --- VERIFIED.

 

ESPECIALLY IF SHE IS A PAID MEMBER, IT IS ALL THE MORE EASY SINCE THE

 

A ) PAYMENT SHOULD BE DONE BY CHEQUE / CARD / CASH

 

B ) MOBILE NUMBER IS VERIFIED BY THE MATRIMONIAL PORTAL.

 

ALL THAT YOU NEED TO DO IS TO CHECK THE MOBILE NUMBER.

 

IF IT IS HER MOBILE NUMBER, TAKE A SCREEN-SHOT ( PRINT SCREEN BUTTON ON THE

 

KEY-BOARD ), ARRANGE TO SEND A COURT ORDER TO THE MATRIMONIAL PORTAL,

 

SEEKING INFORMATION ABOUT THE MOBILE NUMBER, DATE VERIFIED,

 

DATE AND TIME of PAID MEMBERSHIP AVAILED, CREDIT CARD / CHEQUE / CASH PAID RECEIPT

 

ISSUED DETAILS, BRANCH AND EXECUTIVE OF THE MATRIMONIAL PORTAL THAT

 

RECEIVED THE PAYMENT.

 

WITH THIS EVIDENCE, FILE CASE OF CHEATING / FRAUD / CRIMINAL CONSPIRACY

 

_______________________________________________________________________

 

NOW IS THE GAME.... DO NOT FILE FOR DIVORCE.... KEEP QUIET ...

DO NOT FILE EVEN RCR ( Restitution of Conjugal Rights )------ After Court Order, Just Keep Quiet....

 

IF HER PARENTS HAVE POSTED ON THE MATRIMONIAL PORTAL FOR HER SAKE, THEN

DOUBLE  JACKPOT LOTTERY FOR YOU....

 

YOU CAN NAME HER PARENTS AND/OR WHICHEVER RELATIVE WHO HAS POSTED OR

 

EVEN IF THE CREDIT CARD IS PARENTS' OR RELATIVES' OR BROTHER'S OR SISTER'S

 

OR FRIEND'S ALL OF THEM CAN BE PUNISHED FOR

 

CRIMINAL CONSPIRACY 

 

AND

 

ABETTMENT OF CRIME

 

____________________________________________________________________________

 

DO NOT HURRY UP ... PRACTISE BREATHING SLOWLY AND DEEP BREATHING....

 

MOVE SLOWLY BUT STEADILY....BUT EVEN ONCE IF YOU GET EMOTIONAL AND GO TO HER, 

 

OVER...GAME OVER...YOU WILL FALL INTO HER TRAP AND HER FAMILY'S TRAP.

 

WHEN EVER YOU SEE HER, TELL YOURSELF THAT YOU ARE SEEING A " PLAIN CRIMINAL ".

 

THIS WILL STRENGTHEN YOUR MIND SINCE THAT IS THE TRUTH.

 

Remember, that she and her family have wasted your TIME, MONEY and ENERGY ...

 

In life, TIME and AGE do not return....

 

____________________________________________________________________________


MOST IMPORTANT : UNIQUE AND DIFFERENT TYPE APPROACH....SECOND METHOD....

 

2) CREATE A PROFILE WITHOUT PHOTO, GIVE YOUR NAME AS LATER, STATUS AS UNMARRIED,

 

TAKE PAID MEMBERSHIP and START CONVERSATION WITH HER BY CHAT AVAILABLE ON

 

MATRIMONIAL PORTAL..

 

SPEAK AS IF YOU ARE REALLY INTERESTED IN HER PROFILE....PRAISE HER A LOT...

 

BUT DO NOT OVER-DO THE PRAISING....

 

SLOWLY, AFTER THREE INTERACTIONS, SINCE YOU DO NOT KNOW IF IT IS HER

 

FAMILY CHATTING WITH YOU, ASK HER TO COME ON WEB-CAMERA

 

THEN, ASK IF SHE IS TRULY UNMARRIED...TELL HER FIRST THAT IT IS A REQUEST

 

NOT TO MISTAKE YOUR INTENTION, BUT JUST TO CONFIRM IN TODAY'S

 

UNCERTAIN WORLD, AND THEN REPEAT THE QUESTION

 

IS SHE UNMARRIED  ?

 

WITH THAT ANSWER, YOU HAVE THE CHAT CONVERSATION STORED AND IT IS

 

FANTASTIC EVIDENCE....

 

NOW ARRANGE FOR COURT ORDER FOR HER MEMBERSHIP DETAILS AND THE

 

CHAT CONVERSATIONS SHE HAS HAD WITH ALL MALE MEMBERS ON THE

 

MATRIMONIAL PORTAL...

 

SO, THIS IS TREBLE JACKPOT LOTTERY....ALL EVIDENCE WITH YOU, YOU CAN PROVE

 

THAT SHE AND HER FAMILY ARE FRAUDS AND CHEATS, file for CRIMINAL DEFAMATION TOO

 

ALONG WITH ALL OTHER RELEVANT SECTIONS OF THE LAW AS APPLICABLE 

 

SEND ALL OF THEM TO JAIL ( Of course appeal in higher court is an option for them,

 

but it would not stand water in law )....Whole-sale Package.....

 

THANKING GOD THAT YOU ARE SAFE, WITH THIS COURT VERDICT, CONSULT

 

AN ADVOCATE FOR " ANNULMENT OF MARRIAGE "  and then 

 

MARRY AGAIN AND BE HAPPY. 


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