One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X got married to Ms.Y through an arranged marriage setup. After the wedding ceremony, when Ms.Y came to Mr.X’s house, she immediately disclosed that she never wanted this marriage and was already involved with another man, Mr.Z. She revealed that she had only agreed to the marriage due to family pressure from her parents. Mr.X gave her time to reconsider her decision, hoping she would adjust to the new relationship. However, he soon discovered her continuing communication with Mr.Z through phone messages, where she was planning to run away with him. Upon finding concrete evidence of her intentions, Mr.X informed her father and sent her back to her parental home within a month of marriage. This situation left Mr.X seeking legal remedies for the deception and fraud committed before and during the marriage.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all evidence of fraud including messages, call records, and witness statements from the confession. File for annulment rather than divorce as the marriage was based on fraud from the beginning. Consider criminal proceedings alongside civil remedies for maximum legal protection and compensation.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 80 deals with cheating and dishonestly inducing delivery of property, which applies when marriage was obtained through deception. Section 87 covers criminal breach of trust if dowry or gifts were involved. Section 74 addresses assault on women with intent to outrage modesty if applicable. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), appropriate procedures for filing complaints and conducting investigations are outlined. Hindu Marriage Act Sections 12 and 13 provide grounds for annulment and divorce respectively based on fraud and concealment of material facts.

If You Are the Complainant

• Gather all evidence of pre-marital relationship and fraud including phone records, messages, and witness statements
• File petition for annulment under Hindu Marriage Act citing fraud and concealment of material facts
• Lodge criminal complaint under BNS for cheating and criminal breach of trust if applicable
• Claim compensation for mental harassment, expenses incurred, and damages to reputation
• Ensure all wedding expenses and gifts are documented for potential recovery through legal proceedings

If You Are the Victim

• Document all instances of mental harassment and emotional trauma caused by the fraudulent marriage
• Collect evidence proving the spouse’s relationship existed before marriage and continued afterward
• File complaints both in family court for annulment and criminal court for fraud simultaneously
• Seek interim maintenance and compensation for the mental agony and financial losses incurred
• Preserve all communication evidence and ensure witnesses are ready to testify about the confession

How the Police Behave in Such Cases

Police typically treat matrimonial fraud cases seriously when clear evidence of deception is presented. They may initially suggest mediation through family counseling but will register FIR when criminal elements like cheating and breach of trust are established. Investigation usually involves collecting digital evidence, recording statements from both parties and witnesses. Police may call both families for reconciliation attempts before proceeding with formal investigation if no compromise is reached.

FAQs People Normally Have

Can I get annulment instead of divorce? Yes, annulment is possible when marriage was obtained through fraud or concealment of material facts, making it voidable from the beginning.

Can I claim compensation for fraud? Yes, you can claim damages for mental harassment, wedding expenses, and harm to reputation through civil proceedings.

Is this a criminal offense? Yes, obtaining marriage through deception constitutes cheating under BNS and can lead to criminal prosecution.

How long does the case take? Annulment cases typically take 6-18 months depending on evidence strength and court workload.

What Evidence Is Required?

• Phone call records and message screenshots showing relationship with third party
• Witness statements from family members who heard the confession
• Wedding photographs and video recordings as proof of marriage
• Documentation of wedding expenses and gifts exchanged
• Medical certificates if mental health was affected
• Any written communication admitting to the pre-existing relationship
• Bank statements showing financial transactions related to marriage

How Long Will the Investigation Take?

Criminal investigation typically takes 2-4 months for evidence collection and witness examination. Family court proceedings for annulment usually span 8-15 months depending on case complexity and evidence strength. Parallel proceedings in both criminal and civil courts can expedite overall resolution. Timeline depends significantly on cooperation from all parties and availability of concrete evidence supporting fraud claims.

Advocate Sudhir Rao, Supreme Court of India