As i had a love with the intercaste girl from past 1year, and we are in sexual contact from 5months , as we both aare working in private limited company getting 15k monthly and she is getting 12k, as the days are going she was demanding for the amount and i transffered the amount upto 1,20,000 to her account , and later i came to know that she had a relationship with other guys from past 5yeras and she had a abotion before 5years back 3times ( dont have evidence heard from her family friends) i ahd left the contat with her from 2month, as i had sexual contct with her when i doest know about her, she came to me and said im pregnent , she demanded me to marry her or give the amount of 50lakhs , bt i refused to give the amount , finally she gave a complant in womens station , and police harressed me to marry her or you will get rape case has to face jail for 14years(we dont know anything about station ,jail ,case), and the pollice demanded me to marry, on next day girls family took me to one temple , forcce fully they made to tie THALI and garlands they had taken photos and videous, after that they had taken writen letter in police station that we had married, and girls family took me to their rented home, next she got the abotion tablet and they took me to the hospital and she got aboted and we both signed there that by consent we got aboted, after that they demanded for the money of 50lakhs so that we can live separate , you can go to your home , weekly you can come to my home you wish, i took her mobile and restored her mobile and i got the sexual mesages that she had a affiar with the other 5guys, recently, and with the span of 3month she received 7lakh amount to her account, and gave back her mobile , stayed with her only for 2days and i left that home . was upscanded for 20days , i came back to my home after 20days and the girl called me demanded me to come to my home or else i will give the police compalint regarding dowry harrasemnt , torture, etc on your 8 govt. appointment family members as soon a heard that i had given a complaint to SP medam on 12.09.2018 , And she forwarded to DYSP wrote that take necessary legal action against the girl, and next day 13.09.2018 at 1.00PM i went th DYSP office and she also came to know that im complainting to SP office , DYSP called to women station they told that already FIR is registerd against him, bt FIR is registered on 13.09.2018PM at 3.00PM, and Sections are SEC 498A,504,506,312 r/w sec 34 of IPC and sec #&D of DP act, after i got station bail, So I request you kindly give the best suggestions as now she is wandering with other guys infront of me,
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Sir firstly for the false FIR file a quashing petition before the high court and as interim relief get stay order.
Secondly file annulment of marriage before family court on ground that the marriage was done on fraud and cheating and further the girls family by threat of false threat of rape cases got you married so pray before court to annul marriage.
Further file a FIR on girl and girls family for intimidation and threat .
File for anullment on grounds of fraud
2) if wife has suppressed material facts about her earlier relationship, abortion you can file for anullment
3) you have to prove facts alleged by you
4) contest false dowry harassment filed by your wife
Dear Sir,
You must immediately get stay of FIR filed by her by approach the High Court. You must apply for anticipatory bail if required. Since it is forcible marriage you may file case for annulment of marriage on the ground of pregnancy before marriage with some other person under the following provision of law.
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Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].
(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.
(ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.
File quashing petition for false FIR before HC
File for anullment of marriage before family court on grounds of fraud,cheating, wife has suppressed material facts about earlier relations of her and abortion
If this marriage was forced upon upon, file a petition seeking annulment of this marriage. In the alternative, you may also apply for a divorce.
Challenge the 498a case filed against you by approaching the High Court and filing a FIR quashing petition.
You can take divorce on the ground of Adultery but u must have concrete proof in this regard and if the proof is reliable than youu can take divorce from the concerned courts and also the maintenance petitions of ur wife will not survive.
Hi sir,
You must immediately get stay of FIR filed by her by approach the High Court. You must apply for anticipatory bail if required. Since it is forcible marriage you may file case for annulment of marriage on the ground of pregnancy before marriage with some other person under the following provision of law.
Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 the consent of such guardian was obtained by force.
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section
(1), no petition for annulling a marriage
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section
(1) shall be entertained unless the court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such
commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].
(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage.
See you look into this case thoroughly Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.
Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.
For further assistance do call me
1. You are defrauded like anything and the mistake you did was not agree for the forceful marriage.
2. Now file a case of extortion and criminal intimidation. The incidents are replete with instances for initiating such criminal case.
3. then file a civil suit to declare the marriage as null and void.
4. The evidences you have about her is enough to establish her blackmailing and adulterous nature leading to your forceful marriage and extortion.
5. Challenge the FIR under quashing on the basis of such incriminating evidences you ave against her.
Good luck.
Hello,
First file a suit for annulment of marriage on the ground of force consent and thereafter prefer a petition before the HC for quashing of the FIR.
Regards
You should gather all the evidences which shows her character in bad light.
You apply for annulment of marriage on the grounds that it was forced on you under pressure.
You can lodge a criminal complaint her cheating activities showing the mobile records of her past activities with many such men.
You have to challenge her false cases on the basis of evidences in your support
