Legal Question in Family Law in India

Can I file a fraud case against my husband?

We got married in Dec 07 and then my husband left in Jan 08 saying he would get me over to America once the papers came thru. he is an american citizen of indian origin. he has now filed for a divorce. is this a case of fraud? can i file this and how should it be done? what are my rights?


Asked on 6/19/08, 12:47 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Can I file a fraud case against my husband?

The facts are not enough.

Please mail me the case history with detailed facts as to formulate some advice for you.

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Answered on 6/21/08, 1:19 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Can I file a fraud case against my husband?

The facts are not enough.

Please mail me the case history with detailed facts as to formulate some advice for you.

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Answered on 6/21/08, 1:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can I file a fraud case against my husband?

The facts mentioned by you are not complete to reach any conclusion. Please clarify : (a) What were the promises made by him at the time marriage; (b) what ceremonies were performed for marriage? (c) where has he filed the divorce? (d) what are grounds taken by him in divorce?

Also please detail the sequence of events from the date you met him prior to or at the time of marriage till date.

An informed opinion shall be formed after knowing full facts.

No charges.

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Answered on 6/20/08, 5:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Can I file a fraud case against my husband?

You can ask for maintainence.However pl let me know the place of marriage and place where both last resided.

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Answered on 6/19/08, 1:56 am
G. M. Gupta gmguptaandassociates

Re: Can I file a fraud case against my husband?

u should consult in personal .. there are lot of options to excercise. and that should be done now

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Answered on 6/19/08, 3:37 am
Bobby Aanand Metropolitan Jury

Re: Can I file a fraud case against my husband?

You have to mention in detail as to what grounds and stand your husband has taken in his favor and against you? What are the grounds on which his divorce petition is based? Please understand that this is a clear case of dessertion from your husnband's side and it is also a very valid ground for you to ask for divorce with maintenance/permanent alimony under Indian laws. But to opine in detail, more details regarding all the facts are required from you. please furnish detailed description of the facts.

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Answered on 6/19/08, 3:50 am

Re: Can I file a fraud case against my husband?

Family law cases are based on facts and also the domicile of the persons. Unfortunately, a woman's domicile after marriage is her husband's domicile. So, we have to check what should be the place of jurisdiction.

Also, since the marriage is less than 1 year old, one will not get a divorce in India till then, unless you want divorce from US.

You can ask for alimony from your husband if you also want a divorce.

As I am based here is US and your husband is also in US, let me know how can I help you.

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Answered on 6/19/08, 12:10 pm


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