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query related to nulify of marriage under HMA


02-May-2023 (In Divorce Law)
Wife cheated about education degree and age. She produced fake education certificate and her age also found false. She left voluntarily since 8yrs,living separately and filed crpc125,DV case. Whether I can file Sec.12 HMA nulify of marriage on the ground of concealing the fact? is there any possibility whether any burden of interim maintenance HMA 24 during the pendency of the case. Note.i am paying maintenance u/s125 crpc. Pls advice.
Answers (5)

Answer #1
849 votes
Greetings for the day, In the situation which has been told by you, you can for sure go for divorce but not on the grounds of fake Education and false age of wife, however you can opt other grounds as per the advise of counsel.
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Answer #2
774 votes
No, you cannot nullify marriage. You have to give maintenance under section 125 Criminal but as your wife had committed desertion on you so there is a chance you may get some relief. For further clarification,feel free to reach me
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Answer #3
515 votes
Hi Sir Please file divorce case against your wife Challenge the orders whereby you have been ordered to pay maintenance to her because if you have strong case surely they can be successfully challenged Please call for further assistance on the issue and provide more details Thanks Adv Dr Preeti Manderna
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Answer #4
642 votes
you must have strong proof to prove her false certificate but the same is not a ground of divorce to nullify the marriage, the court can consider it amongst other grounds. you would be burdened to pay maintenance till finalization of nullity decree. instead you would file a criminal case of forgery of documents, that would help to settle the matter or to achieve your goal
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Answer #5
636 votes
Hello as matter describe by you you want to take divorce from your wife as cheated with you and now living separately than there is absolutely ground of divorce as per section 12 of hma of nullity of marriage first i have to take detailed information. For further help and legal guidance you can contact with me. Adv Jitender Singh
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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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