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I got married in January of 2019. It was an arranged marriage, within 10 days of our marriage I cam
21-May-2023 (In Divorce Law)
I got married in January of 2019. It was an arranged marriage, within 10 days of our marriage I came to know my wife has lied to me about so many things such as her age, education. I felt cheated I didn't have any physical relationship with this girl because I knew that I would not be able to spend my life with her. Now my wife has gone to women cell and filed a false case of Dowry and Domestic Violence. So my question here it, if a marriage is never consummated, can I file for divorce within 4 months of my marriage when the law says you can not file divorce until one year has been passed. Also if I have to verify her education and DOB through a court order. What is best process to do that?
you can file a petition seeking divorce before completion of one year of marriage subject to certain conditions. You need to engage a Counsel who will guide you in defending the DV and Dowry cases. Courts do allow such petition for divorce considering the facts and necessity of the case.
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Adv. Rajiv Rekhari
Delhi | 100+ Answers
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Hello sir. I have perused your query. If I remember correctly you have already been counselled on the same quite a few times. In case you wish to go for an annulment on the grounds of fraud or misrepresentation of material facts, you have to make the filing within 01 year of having discovered the so called fraud or misrepresentation. So if you decide to wait for a year your claim would be barred by limitation.
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Divorce is not related to consumation of marriage. You can file the petition for Divorce before the completion of one year of your marriage under the proviso to section 14 of HMA.
Verification of her DOB and education is subject to the type of legal proceeding u wish to pursue on your behalf.
Thanks
Verification of her DOB and education is subject to the type of legal proceeding u wish to pursue on your behalf.
Thanks
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Adv. Rajat Sharma
Delhi | 25+ Answers
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