Legal Question in Criminal Law in India

420 related to marriage

My husband has filed 420 aginst me after i lodge FIR aginst them for torturing me.My husband is saying that his parents saw me thrice before marriage is true.But he saw me first time three days prior to our marriage.So he is saying its 420

because he came to marry me by seeing those snaps which were not mineMy husband is saying as he saw me first time 3 days prior to our marriage so he had no other option other than marrying me.So its clear case of 420 as i sent him some other girls photo and he saw me first time three days prior to our marriage. .His parents fixed up our marriage after they saw me many times along with their freinds.My question is it a 420 case?Plz let me know about it


Asked on 11/19/08, 1:16 am

6 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: 420 related to marriage

Reply of Mr. Sudershan Goel is most descriptive.

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Answered on 11/19/08, 11:00 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 420 related to marriage

Hello.

Dont Worry..

This does not amount to fraud in anyways.

You may contact a local lawyer and quash the FIR.

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Answered on 12/29/08, 5:08 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: 420 related to marriage

even if the case has been registered, u may take this plea that he and his parents met you many times before finalizing the marriage. he has to prove that the photographs shown were of different girl and not you. you can file a petition for quashing the f.i.r. u/s 420 as the case put up by him is weak and an afterthought. consult a good lawyer to file a petition for quashing the case u/s 420.

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Answered on 11/19/08, 2:02 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 420 related to marriage

Not a fit case U/s.420 IPC.

You may consider moving a discharge or quashing petition.

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Answered on 11/19/08, 4:44 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 420 related to marriage

He had all the opportunity not to marry you. So the case doesnot fit in S420 IPC.

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Answered on 11/19/08, 6:37 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 420 related to marriage

No, it is not a case of fraud.

(1) Even if your husband had seen you one minute before marriage, he cannot take the plea of fraud on the basis of snaps seen by him before;

(2) The question of 'fraud' in such cases arise ONLY when the girl remains in "pardha" throughout the ceremony, he discovers after marriage that it is some other girl; and return the girl back without consummation of marriage.

(3) If the marriage is consummated, the question of 420 on the basis of 'misrepresenting as some other girl' does not arise.

You may pursue your remedy under IPC and DVA.

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Answered on 11/19/08, 6:50 am


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