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Marriage done on false information, can we get it annulled
20-Mar-2023 (In Divorce Law)
My younger Brother is PSU employee and got married on Feb 14th 2017 as per Hindu Ritual and customs. After marriage, we found that girl is not behaved like graduate one as stated in her bio-data and even she doesn't know small English words. Slowly-Slowly, we inquired many things and came to know that she was very poor in studies and somehow passed Xth and XIIth exams from rural area In UP. After 15 days, we have found that Girl has also white hair in front of half head which was hide by hair dye. she revealed that she was pressurized by her uncle and aunt for marriage since her parents are very poor and wholly depends upon them. Therefore, she had suppressed her education and health ailments for marriage. Now I want to know can we appeal for nullify of marriage based on fraud or force by her uncle and aunt for marriage?
Hello,
For the query you posted, I would advice the following;
As I gather the initiation of such wedlock was under a misrepresented and concealment of facts, but the marriage has been solemnised and cannot be said to be void ab initio but voidable user Hindu marriage act. For that reason you can plead various grounds for judicial separation and later of divorce.
Further, from the limited facts given I hope this answers your query.
Best
M. Faris
Advocate
For the query you posted, I would advice the following;
As I gather the initiation of such wedlock was under a misrepresented and concealment of facts, but the marriage has been solemnised and cannot be said to be void ab initio but voidable user Hindu marriage act. For that reason you can plead various grounds for judicial separation and later of divorce.
Further, from the limited facts given I hope this answers your query.
Best
M. Faris
Advocate
Helpful?
11+
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Adv. Mohd Faris
Delhi | 100+ Answers
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Yes you may seek annulment of marriage under Section 12(c) on the ground that your consent for marriage was obtained by fraud. You have to file the petition within one year of getting knowledge of the fraud.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Hi, the law does not permit to apply to nullify for the marriage on these grounds. However, it is certainly a fraud and causes cruelty as ground for divorce. It is also intimated that no divorce petition is entertained within one year of marriage until special reasons for so.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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