By Sarhind Times Investigations Desk
New Delhi/Gurugram, 29 September 2025
In the corridors of Delhi’s legal circles and Gurugram’s corporate offices, a scandal has broken out. Arpit Agarwal, an employee of McCain Foods India, and his wife Monika Agarwal are at the center of a storm involving fraud, conspiracy, and perjury. A legal notice served on McCain Foods by Advocate Anil Kumar on behalf of complainant Jatin Garg has not only unmasked the couple’s alleged misconduct but has also brought the multinational employer under direct scrutiny.
The narrative is not a mere private matrimonial squabble. Instead, it is being portrayed as a carefully orchestrated scheme to defraud an ex-husband and mislead the courts—a conspiracy that stretches from personal deception to potential corporate complicity.
The Background: A Marriage, A Divorce, A New Alliance
The story begins with the marriage of Jatin Garg and Monika Agarwal, solemnized years earlier but dissolved on 29 April 2023 by a decree of divorce granted by the Jhansi Family Court. The dissolution legally ended all matrimonial rights and obligations, including maintenance claims, except where specifically ordered by the court.
However, what followed stunned observers. Shortly after the divorce, Monika remarried. Her new husband was none other than Arpit Agarwal, a corporate professional employed as SAP DataSphere BW Lead at McCain Foods India.
In normal course, remarriage extinguishes the right to claim maintenance from a former spouse. But Monika, allegedly with the active cooperation of her new husband Arpit, concealed the remarriage and continued to claim maintenance from Jatin Garg.
The Fraud: How Maintenance Became a Tool of Extortion
The legal notice accuses the couple of turning the law itself into a weapon. Despite Monika’s remarriage, she allegedly continued to file claims, representing herself as unmarried and eligible for maintenance.
Advocate Anil Kumar, representing Jatin Garg, terms this a “deliberate fraud upon the Hon’ble Court” — an act designed not merely to take money unlawfully but to exploit the judicial system through concealment and deceit.
The notice highlights four key criminal offences under the Bharatiya Nyaya Sanhita, 2023:
- Section 318 – Cheating and dishonestly inducing delivery of property.
- Section 61 – Criminal Conspiracy.
- Section 227 – Giving false evidence in judicial proceedings (Perjury).
- Section 56 – Abetment of an offence.
By hiding her remarriage, Monika allegedly induced the court to order financial benefits that she was no longer legally entitled to. Arpit, as her current husband, is accused of being an active participant and abettor, fully aware of the concealment.
The Legal Notice: A Direct Challenge to McCain Foods
The notice does not stop at accusing Arpit and Monika. It extends a stern warning to McCain Foods India.
Citing potential corporate liability, the notice demands that McCain’s HR department disclose:
- Arpit Agarwal’s designation, employee code, and date of joining.
- His salary records (gross and net).
- His marital status declarations and dependent details submitted to HR.
The company has been given 15 days to comply. Failure to do so, the notice warns, will result in McCain Foods being impleaded as a respondent in criminal proceedings, facing coercive directions, exemplary costs, and penalties.
The message is blunt: “Any suppression, non-cooperation, or attempt to shield your employee shall be treated as abetment of fraud.”
Corporate Complicity: Why Employers Cannot Ignore
This case raises profound questions about corporate responsibility. While employers are not generally liable for private misconduct of employees, the situation changes when the misconduct involves concealment of marital status, fraudulent declarations, and potential misrepresentation in official HR records.
Legal experts consulted by Sarhind Times note that if McCain Foods fails to cooperate or is found to have ignored false declarations, the company may face liability under corporate governance norms, data falsification statutes, and even criminal law.
The Human Impact: A Betrayal of Trust
For Jatin Garg, this is not just a legal battle but a personal betrayal. In his statement, he says:
“The marriage ended in 2023. What I did not expect was to be cheated even after the divorce. They not only defrauded me but also mocked the judicial system by hiding the truth.”
Such cases expose the darker side of maintenance laws: while intended to protect vulnerable spouses, these provisions can be manipulated to extort money if not monitored carefully.
The Larger Pattern: Fraud in Maintenance Cases
Legal analysts point out that fraudulent maintenance claims are not isolated. Across India, there are cases where remarriage or cohabitation has been concealed to continue drawing financial benefits.
This case, however, is unique because it involves conspiracy between spouses, concealment of marital facts, and potential corporate involvement. If proven, it could set a precedent for tighter scrutiny of HR declarations, court affidavits, and maintenance claims.
The Next Steps: Court Proceedings Ahead
The complainant’s counsel has confirmed that criminal proceedings will be launched before the competent Magistrate. The court will be moved under Section 91 CrPC to summon McCain’s records.
The case is likely to escalate in two directions:
- Criminal prosecution of Arpit and Monika for fraud, conspiracy, and perjury.
- Judicial scrutiny of McCain Foods India’s role, depending on its cooperation.
Advocate Anil Kumar’s final words in the notice are chilling:
“The days of hiding and cheating are over. The fraud will be exposed in open court, and those responsible will face the full force of law.”
Why This Case Matters
This case is more than a domestic dispute. It is a litmus test of law, morality, and corporate accountability.
- It exposes how individuals can misuse maintenance provisions.
- It highlights how remarriage, if concealed, can become a tool of extortion.
- It warns corporations that employee fraud can translate into organizational liability.
For the public, it is a reminder that truth must prevail in courtrooms and that fraud, no matter how cleverly hidden, eventually comes to light.
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