Sham Marriage

[ShamMarriage]

Hi,

I am in a very tough situation right now and I hope someone can help me. I got married on 31st Oct 2017 to a girl in India. It is 2nd marriage for both of us. We met through a matrimonial site and our families met each couple of times in India ( but I never got to meet the girl personally as I am based in Canada and she is from India). Everything seemed alright until we got married and she showed the real her. Before marriage she wanted to live in her own city and continue her job till the time she don't get her Canadian spousal visa which I was suppose to apply for her after marriage. Though i offered her the visitor visa just before the marriage but her mother refused and said she should go on her spousal visa only. T too bad i did not understand their intentions at that time). However, soon after when i flew back to Canada I started the process to collect all the documents to apply for her visa but she really got impatient and demanded her visa should be applied and approved before 31st Dec 2017 or else she wanted me to call her parents and call off this marriage.

Since then I have stopped the process which really aggravated her and she wanted to live with my family and create problems for them. After realising her intentions to marry me I contacted her ex-husband who is settled in Australia and he confirmed that she did the same thing with him and his family. However that guy got rid of her by paying approx 20K AUD.

Now she is demanding money from me too for divorce and has filed false complaint against me for Domestic Violence / Dowry and Harassment. First of all we lived together as husband and wife for 10 day from 1 Nov 2017 till 10 Nov 2017 and she filed the complaint for domestic violence on 4 Nov 2018.

So, now all she wants is either pay her money or apply for her Visa to Canada and she will divorce once she will land in Canada.

So my question:
Is there any way I can file a fraud and sham marriage case against her in India to protect myself and my family from her false allegations?

PS: I've already informed Canadian immigration about her intentions and provided the authorities with her passport copy and other details. Authorities have confirmed that they have blacklisted her but nothing was given in writing.

Any help and suggestions would be highly appreciated.

Thanks,
Victim

 

[visatest]

Hi there Victim, sorry to hear about your immensely frustrating problem. At least I would sure be upset. My advice is to not go near her at all. I think you have done everything you can otherwise. Let the CBSA deal with it; they will stop her.

 

[scylla]

Hi,

I am in a very tough situation right now and I hope someone can help me. I got married on 31st Oct 2017 to a girl in India. It is 2nd marriage for both of us. We met through a matrimonial site and our families met each couple of times in India ( but I never got to meet the girl personally as I am based in Canada and she is from India). Everything seemed alright until we got married and she showed the real her. Before marriage she wanted to live in her own city and continue her job till the time she don't get her Canadian spousal visa which I was suppose to apply for her after marriage. Though i offered her the visitor visa just before the marriage but her mother refused and said she should go on her spousal visa only. T too bad i did not understand their intentions at that time). However, soon after when i flew back to Canada I started the process to collect all the documents to apply for her visa but she really got impatient and demanded her visa should be applied and approved before 31st Dec 2017 or else she wanted me to call her parents and call off this marriage.

Since then I have stopped the process which really aggravated her and she wanted to live with my family and create problems for them. After realising her intentions to marry me I contacted her ex-husband who is settled in Australia and he confirmed that she did the same thing with him and his family. However that guy got rid of her by paying approx 20K AUD.

Now she is demanding money from me too for divorce and has filed false complaint against me for Domestic Violence / Dowry and Harassment. First of all we lived together as husband and wife for 10 day from 1 Nov 2017 till 10 Nov 2017 and she filed the complaint for domestic violence on 4 Nov 2018.

So, now all she wants is either pay her money or apply for her Visa to Canada and she will divorce once she will land in Canada.

So my question:
Is there any way I can file a fraud and sham marriage case against her in India to protect myself and my family from her false allegations?

PS: I've already informed Canadian immigration about her intentions and provided the authorities with her passport copy and other details. Authorities have confirmed that they have blacklisted her but nothing was given in writing.

Any help and suggestions would be highly appreciated.

Thanks,
Victim

This really isn't a Canadian immigration matter - it's an Indian legal matter. I would recommend you post to a forum that deals with legal issues in India.

 

[Mohammed_Shams]

Put a fraud case against her. Involve her ex-husband. He can get his money back. Hire a good local lawyer in india. If you need help from me then let me know.

Mohammed_Shamshuddin@yahoo.com

+966545288747

 

[Bryanna]

I am in a very tough situation right now and I hope someone can help me. I got married on 31st Oct 2017 to a girl in India. It is 2nd marriage for both of us. We met through a matrimonial site and our families met each couple of times in India ( but I never got to meet the girl personally as I am based in Canada and she is from India).

Cannot help saying this: Once bitten, twice shy.

One would imagine someone will be cautious before getting married again + s/he would interact with the person instead of relying on family/friends after all family/friends were not marrying this person.

Now she is demanding money from me too for divorce and has filed false complaint against me for Domestic Violence / Dowry and Harassment. First of all we lived together as husband and wife for 10 day from 1 Nov 2017 till 10 Nov 2017 and she filed the complaint for domestic violence on 4 Nov 2018.

She is well within her legal rights to file a case of dowry harassment against you even if the charges are false.... anytime within 7 years of getting married.

That said, if you believed this marriage was going nowhere + it was for fraudulent purposes then why did you not file for divorce in the last one year?

So, now all she wants is either pay her money or apply for her Visa to Canada and she will divorce once she will land in Canada.

No marriage = No spousal PR

So my question:
Is there any way I can file a fraud and sham marriage case against her in India to protect myself and my family from her false allegations?

It is too late. You should file for divorce soon if you believe this marriage was for the wrong reasons

 

[ShamMarriage]

fraudulent

I thought of getting divorced but as per Indian Penal Court no couple can apply for divorce before the marriage is mature for 1 year. That’s what I was waiting for and I believe that’s exactly she was waiting for that too as she filed false complaints against me exactly 1 year of marriage.

 

[Bryanna]

I thought of getting divorced but as per Indian Penal Court no couple can apply for divorce before the marriage is mature for 1 year. That’s what I was waiting for and I believe that’s exactly she was waiting for that too as she filed false complaints against me exactly 1 year of marriage.

That's not true. If you had evidence that your consent for marriage was obtained by your estranged spouse indulging in fraud, you can/could have applied for divorce earlier. Your divorce petition will depend on the Marriage Act under which the marriage was solemnized.

This is quite a messy situation. IMO, this is what you should do (I'm assuming there is no scope for reconciliation + you are convinced the only intention of your estranged spouse is to obtain PR and/or money):
1. File police complaints in India for cheating, extortion, harassment, fraud, etc in India against her and her family.

2. Obtain all possible evidence of her previous divorce + extortion money paid by the Australian ex-husband. You can use that evidence to your benefit when you file for divorce. You can even submit this evidence to the Indian police to prevent them from taking any further action on her complaint of dowry harassment

3. If police take cognizance of her dowry harassment complaint then apply for anticipatory bail. You would otherwise be summoned to India every now and then.

4. File for divorce on grounds of fraud and cheating. Build your evidence against her.... but aim to end the marriage by later filing a new divorce petition through mutual consent. This would help you to avoid paying her + shorter divorce proceedings

5. Do not apply to sponsor her as your spouse. You will be committing misrepresentation because the marriage does not exist