Can a marriage be nullified on the grounds of false information


I got married 7 months before. He written on bio data that he is a bcom graduate and they showed their property two shops l. After marriage I found him really weird as he behaves thinks and talks like a pure illeterate person. He doesn't even knwo small english words. I cross verified many things and then I came to know he is 10th fail. He achieved a degree from some village from where anyone can get a degree even if u didn't clear ur 10th or 12th but he never revealed it to me I asked him mamy times about his marks but he always use to ignore. m a CA INTER pass and now pursuing my ca final. The day when I came i.e 2 months after marriage know about his fake education I left that house and never returned back we both took divorce in front of our samaj on stamp paper but I know that is mot valid but he is so illeterate that he doesn't even know that's it's not legally valid. now I want to know can I appeat for nullify of marriage based on fraud reason


Answers (3)

Yes you can file petition for Nullity of marriage as your consent for marriage was taken through false information. Condition is that the petition must be file within 1 year from date of marriage. One benefit of Nullity of marriage is that you won't get the title of divorcee.. For further assistance contact me..


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No petition for divorce to be presented within one year of marriage. �� (1) Notwithstanding anything contained in this Act, it shall not be competent for any court� to entertain any petition for dissolution of a marriage by a decree of divorce,� [23][unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [24][before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [25][expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after [26][expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the [27][expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [28][said one year].

after 1 u have file case for divorce for nullity ground...

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Dear client u can file for annulment of marriage in the ground of fraud to declare marriage as null and void. U can also file private criminal complaint against him and his family for cheating under sec 420 of Indian penal code. For any legal help call me

Adv prasad patil

Pune

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