Legal Question in Criminal Law in India
420 and other criminal case
Hi
i am hindu married hindu girl.My wife has lied many guys before marriage about her qualification,said she won beauty contest and also sent another beauty queesn's photo with her name written on it with the help of DTP.She even did the same thing with me.Before marriage she lied me about her qualification,said she won beauty contest and sent another beauty queesn's photo with her name wirtten on ith with the help of DTP.I came to know aboit it after marriage.But after discovering the truth i continued with marital relationship with her like husband and wife for 5 months.But can i now lodge 420 and other criminal case against her for the grounds stated above?Or as i continued my relationship with her so this case has loose its importance?
6 Answers from Attorneys
Re: 420 and other criminal case
You are not entitled to lodge any case against your wife; Not only because you had maintained marital relationship with her after knowing the truth; but also because virtually she committed no offence. Sending a picture of some other model before marriage is no offence; you had a chance to see her at the time of OR immediately after marriage and compare her with the picture you had received.
Therefore, your statement she had cheated you is in fact sufficient to seek your criminal prosecution for committing cruelty against her punishable u/s 498-A of IPC as also under D.V.A.
Be careful, if your wife comes to know of your intentions, you may be in deep trouble and may land up in jail.
Re: 420 and other criminal case
Yes if you can prove it. 5 mnths is not long.
Re: 420 and other criminal case
There is no case for sec 420.
Re: 420 and other criminal case
You mean to say that you could not make out the difference in girl you actually met and photograph sent to you?
Re: 420 and other criminal case
Thanks for referring an interesting question of lawinvolved in the matter.
I had carefully gone into the facts narrated by you in your reference.
Asd you say that your wife before marriage lied about her qualification, and
also she she won beauty contest and sent another beauty queesn's photo with her name wirtten on ith with the help of DTP.And also as you said that you came to know about the same after marriage and opted to contue with marital relationship like husband & wife for 5 months and now you want to know whether can you can lodge a criminal case under section 420 against your wife.
It is not explained why did you not came to know about the this fact of fraud at the time of marriage itself.As you said came to know about the same only after the marriage and thereafter too you opted to contue with marital relationship.Considering the facts of the case you have weak ground for lodging the case under under section 420.
In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.
Re: 420 and other criminal case
Two things are apparent from your contents;(1)you have performed your mairriage according to hindu rites and rituals.(2)you have taken your decision about mairriage to this women after receiving the information made by her to you about herself.now the problem is that you were feeling yourself cheated by your wife.but the fact in the eye of law is what the information was given to you that could be verified by you therefore the inference would be drawn if you move before the court on this ground is that you were in full knowledge about all the things before perfoming mairriage.therefore it would be better to continue your conjugal life without thinking anything more about all these things.
Related Questions & Answers
-
Criminal law how can i get cases of murder punished by A.P. High court? Asked 2/07/09, 9:27 am in India Criminal Law
-
Cfsl of photostate document Photo copy ke papers se forge signature ki jaanch ho... Asked 2/07/09, 8:23 am in India Criminal Law
-
498 is 498a is just for cruelty for dowry demand or also covers crulety without... Asked 2/07/09, 7:49 am in India Criminal Law
-
Query related to mental cruelty under sec 498a I got married under special marriage... Asked 2/06/09, 9:06 pm in India Criminal Law
-
498a Hello I am Hindu boy got married under HMA in India.I work in UK in temporary... Asked 2/06/09, 12:54 pm in India Criminal Law