• Divorce or voidable

Sir,
 I got govt job on unmarried basis because of my child marriage and my wife did not want to come to my home and she she has never come till now.But she recently filed false 498a and DV for extortion after failed in her all competitive exams and withdrew case after making me sign on false agreement to live together forcefully whose i have a video.She also declares herself unmarried in her all govt documents. I do not want to live with her now totaly.
1.What should i do now?
2.Will my govt job be affected on unmarried basis? or
3.Can 'mistake of fact in declaration' help to defend my job?
Asked 8 years ago in Family Law
Religion: Hindu

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11 Answers

1. I dont think so that there will be any problem because of the status of the marriage.

2. You may now give a declaration that you are married.

3. If this mistake is not coming in way of the merit then the same shall make no difference.

Your question is not very clear Sir, you may please tell the facts in detail so that I may help you in a better way.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

Also you have a right to file a suit for nullity of marriage.

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

1)section 13 of the Hindu Marriage act, which lists out grounds for divorce, states that every child marriage shall be voidable at the option of the contracting party, provided that such marriage, whether consummated or not, was repudiated within two years of either of them attaining the marraige age – 18 for women and 21 for men.

2) you ought to have filed petition within 2 years of attaining majority

3)if you have not done so file for divorce

4) it would not affect your govt job

Ajay Sethi
Advocate, Mumbai
98914 Answers
8044 Consultations

What do you want to do Sir?

You want to live with her or you want to separate?

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

You should file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
98914 Answers
8044 Consultations

1.Seek anticiaptry bail.Once that is done there is nothing to wrry anymore in the 498A case.

2.Yes,do file a suit declaring the marriage as voidable.

3.Since it was a child marriage and a voidable one you have do wrong in not mentioning it in your service record.

4.So pursue the case of nullity to bring it to its logical end.

Devajyoti Barman
Advocate, Kolkata
23572 Answers
533 Consultations

Yours is neither a void marriage nor a voidable marriage.

File a divorce on the ground non consummation and desertion.

Your government job is not going to be effected.

Vibhanshu Srivastava
Advocate, Lucknow
9742 Answers
320 Consultations

Hi, it is advisable to go for mutual divorce , as any action will create trouble for both of you

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. If you do not want to live with her then you may file a divorce petition on the grounds of cruelty.

2. Since you have acquired the job by playing fraud on the government, you may have to face problems in that regard.

3. There is no provision in law for your such ideas.

T Kalaiselvan
Advocate, Vellore
89115 Answers
2435 Consultations

Dear Querist

My opinion on your queries are as under:-

1.What should i do now?

Opinion:- either forget your job or live with her peacefully if you want

or immediately file a divorce case against her before family court based on cruelty U/s 13(1)(ia) of Hindu marriage Act-1955 without thinking about the consequences about your Job, otherwise if, you live with her, there will be apprehension always in your mind to lose of your job and if she is cunning then she always threaten to you for your wrong.

2.Will my govt job be affected on unmarried basis? or

Opinion:- if you did not mention about your marriage and based on unmarried status you got the Job then it is a wrong declaration intentionally and based on that information, you may be terminated for the same.

3.Can 'mistake of fact in declaration' help to defend my job?

Opinion:- Not at all.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6326 Answers
302 Consultations

What should i do now?

I am 30 years and she is 27 years

You can go for divorce as suggested, if you still do not want to accept her.

T Kalaiselvan
Advocate, Vellore
89115 Answers
2435 Consultations

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