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Girl concealed her educational qualification before marriage
21-Aug-2023 (In Divorce Law)
I am on PR and married to my wife under Hindu Marriage Act in 2017. In my wife's biodata under education it was written "Diploma in degree running from in India". The day I met her in person in India and asked her in front of our parents, the status of her degree, she told me that she has already given her last papers and if she clears she will get the Bachelors degree. Now her result is out and she tells me that her degree is still 1 year away as she has yet to appear for her last Part. I want to understand my recouse as her education was an important factor in my decision for marriage and I did convey it to her before marriage. She also brought me under impression during our communication prior to marriage that she will get a Bachelors degree and now I am learning she is 1 year away from her Diploma degree. The Institute clearly says that they provide only bachelors equivalent. Can I apply for divorce under concealment as this lie has troubled me to roots?
Sir, in such cases the court will not be too inclined to grant a divorce as this is a very curable concealment per se. But, this can be made a ground for seeking divorce on the ground of concealment of material fact. What we would be required to show is that you made this fact very clear and conveyed the fact that her graduation is extremely important to you in making up your mind for the mariage and such graduation/diploma must be obtained in the misrepresented year. Further, to answer the last part of your query, YES, you can apply for divorce for this concealment/misrepresentation/fraud.
Regards,
Regards,
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Adv. Siddhant Rai Sethi
Delhi | 100+ Answers
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Yes u can file divorce u/s
12 HMA .but u required to provide such documents or evidence ..in which it proves that she concealed the fact of education..because why u have not seen the educational qualification or confirm before marriage...
12 HMA .but u required to provide such documents or evidence ..in which it proves that she concealed the fact of education..because why u have not seen the educational qualification or confirm before marriage...
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Adv. Arun Kumar Sheoran
Delhi | 25+ Answers
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Firstly tell me hows your marital life is going through. Is there any dispute against you and your wife. Because the facts you are telling would not be sufficient for divorce. So disclosure of all other factors would play a effective role.
Solutions to every problem and recourse are available.
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Best wishes
Solutions to every problem and recourse are available.
Contact for further actions.
Best wishes
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Adv. Salil Tripathi
Delhi | 100+ Answers
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Sorry, You can't apply divorce on this ground that she had lied about her education status prior to marriage. It was your duty to find the truth before marriage if it was such an important factor for a decision of Marriage. Further, I will suggest you not to raise this issue any further and live happily with your wife. What I perceive from your query that you had some planning regarding her education status and you should have clarified and explained to her. But if you are very keen to resolve your issues, you can contact me through Lawrato.
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Adv. Kumud Shekhar
Delhi | 100+ Answers
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Concealment is permitted in cases of drug addiction or STDs but in your case the concealment is not very exceptional in nature to get the divorce or annulment. For seeking divorce you shall have to state a solid reason as to how it has effected your life and not every petty issue. You can file for divorce under mental cruelty as she has lied to you.
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Adv. Sanjucta Kabasi
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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