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Dec 24 min read

What Legal Remedies Are Available To You If You Have Been A Victim Of Marriage Fraud

If You Have Been A Victim Of Marriage Fraud In India, There Are Several Legal Remedies Available To You. Marriage Fraud Can Involve Deceitful Practices Such As Misrepresentation Of Identity, Concealment Of Previous Marriages, Or False Promises Regarding Financial Status Or Immigration.

Legal Provisions Related To Marriage Fraud


  • Section 318 Of Bns Applies Where An Act Of Fraud Induces Another To Part With Property Or A Right In Law.

  • Section 318(4), Which Is Cheating And Dishonestly Inducing Delivery Of Property, Applies Where Fraud Is Established, The Defendant Is Liable To Both Imprisonment And Fine.

  • Section 82 Of Bns Talks About Marrying Again During The Lifetime Of A Husband Or Wife. It Targets Bigamy, Where A Person Marries Another With The Knowledge That He/She Is Already Married. This Section Comes In When A Person Conceals His/Her Previous Marriage For Deception Of The New Partner.

  • Hindu Marriage Act, 1955 States That Grounds For Annulment Of Marriage Include Lack Of Consent Due To Fraud (Section 12) And Bigamy (Section 17).

  • Special Marriage Act, 1954 Enables Filing For A Divorce Based On Similar Causes, Which Include Fraud, Misrepresentation, Or Compulsion.

  • If The Fraudulent Marriage Results In Domestic Abuse, Then The Victims Can Invoke The Protection Of Women From Domestic Violence Act, 2005. This Act Provides Vital Legal Protection, Including The Right To Reside In A Shared Household And Seek Protection Orders.


Legal Remedies In Cases Of Marriage Fraud


  • You Will Have To File A First Information Report (Fir) At The Local Police Station To Initiate Legal Action. The Process Usually Involves:

1. You Must Go To The Police Station Along With Relevant Documents.

2. Providing A Clear Statement Of The Fraud And Any Evidence.

3. The Police Then Investigate And May File Charges Against The Accused.


  • To Seek Annulment Or Divorce Based On Fraud, You Have To Bring A Civil Action. Normally, This Includes:

1. Selection Of The Proper Court To File (Family Court Or District Court).

2. Submit Needed Documents; Specify Grounds For Annulment Or Divorce.

3. Court Hearings, Which Can Even Last For Months.


  • If Financial Constraints Hinder Your Ability To Hire Legal Counsel, Options Do Exist:

1. Legal Services Authorities: Various Organizations Provide Legal Aid To Eligible Individuals.

2. There Are Some Non-Governmental Organizations That Provide Free Legal Services, Low-Cost Or, And Mainly, Women's Rights Or Abuse Cases.


  • Victims Of Marriage Fraud Will File For Recovery Of All Financial Losses Occasioned By Deception. This Could Be Losses In Finances, Emotional And Psychological Distress, And Much More.

  • Legal Means Can Be Available For Individuals To Recover Their Property Or Other Assets That They Lost Through Marriage Fraud. Filing A Civil Lawsuit May Serve To Regain Ownership.

  • If Safety Is An Issue, Protection Orders Must Also Be Sought. Protection Orders Can Restrict The Accused's Access To Or Contact With The Victim, Providing Important Protection.


How To Prevent Marriage Fraud


  • Never Trust Anyone. Always Do Full And Proper Due Diligence From 3-4 Independent Sources. You Must Physically Verify Everything. Never Rush Into Marriages. Take All Documents With The Signature. Verify Every Word Coming Out Of His Mouth, As Well As All Claims Made By Him. Ask Him To Bring Some Third-Party Mediator. Never Trust This Mediator Either. Never Accept Any Kind Of Dowry. Never Give Any Dowry. Demand To See The Boy/Girl. You Must Be Able To Chat And Meet Freely. Take Some Time Out With The Boy/Girl. Take Her/Him Out. Just Keep An Eye On The Smallest Detail.

  • You Need To Insist On Having A Prenuptial Agreement. That, Though Not Valid In India As Of Now, Will Serve As A Filter And Prove To Be Handy In Case Of Any Eventuality.

  • Do Not Care For This Fake Society. It Is Your Life. Take Your Own Decision. Do Not Even Rely On Your Parents For Ultimate Decisions. The Final Decision Must Be Yours And Yours Only.

  • Allow At Least 3-6 Months For Marriage. Continue Trying Them. Even After The Betrothal, You Must Always Seek The Truth, And If Anything Appears Incorrect, Simply Drop The Proposal. Do Not Think About The Nonsense Of Society. This Society Will Not Intervene If You Are Caught In A Fraudulent Marriage.

  • After Marriage, Check That The Girl Is Not Getting Pregnant Within 6 Months Of Marriage. Take Care. In A Fraudulent Marriage, The Other Party Always Tries To Make The Family Very Fast. Don't Allow And Take Precautions. If There Is A Huge Fraud, Within 6 Months Of Your Marriage You Will Receive Signals.

  • The Legal System In India Is Highly Corrupt And Very Slow. Do Not Entrust The Strings Of Your Life To Any Police Station Or To Any Court. Have Simple Marriage. Make A List Of All Presents And Obtain The Signatures Of Both Parties.


For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultations And Other Legal Services. On Our Platform, You Can Talk To Experienced Lawyers. You Can Freely Ask Any Legal Question. We Also Provide Solutions To All Your Legal Problems.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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