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Want to opt out of marriage as in laws hav cheated (HMA)
26-Apr-2023 (In Divorce Law)
I have married 5months ago at the time of marriage the other party family members cheated me by saying false date of birth(9 - 4- 1987 but the actual dob is 1 -4 -1985) and about his work designation they told us that he is geting 40k per month but he is getiing only 7k per month and he is not mentally matured he is paralyzed. I want to quit from this marriage i dont want to stay with him any more and from 2months we are stayimg separately. So please let me know what are the rights do i have to file for divorce I am a hindu.
Hi,
Providing false information with respect to age , salary and health at the time finalising marriage proposal tantamounts to cheating (sec 420) and criminal breach of trust
( sec 405) of IPC. The above offences constitute cruelty under marriage act. Since your marriage was solemnized five months ago first you have to file leave of appeal to file for divorce under sec 14 of hindu marriage act and then witjh permission of court file for divorce under section 13 of hindu marriage act. In addition to divorce you are also eligible to claim compensation under section 21 of domestic violence act
Providing false information with respect to age , salary and health at the time finalising marriage proposal tantamounts to cheating (sec 420) and criminal breach of trust
( sec 405) of IPC. The above offences constitute cruelty under marriage act. Since your marriage was solemnized five months ago first you have to file leave of appeal to file for divorce under sec 14 of hindu marriage act and then witjh permission of court file for divorce under section 13 of hindu marriage act. In addition to divorce you are also eligible to claim compensation under section 21 of domestic violence act
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Client,
You must proceed by consulting marriage elders about the cheating of your husband and their parents and elders of that side. You may issue a legal notice about his behavior and you can file petition for maintenance and if your husband harassed you, you can file a complaint under Domestic Violence Case and a Criminal Case under Section : 498 - A of Indian Penal Code. Take Expert legal advice by engaging advocate.
You must proceed by consulting marriage elders about the cheating of your husband and their parents and elders of that side. You may issue a legal notice about his behavior and you can file petition for maintenance and if your husband harassed you, you can file a complaint under Domestic Violence Case and a Criminal Case under Section : 498 - A of Indian Penal Code. Take Expert legal advice by engaging advocate.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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