Hello,

1) If the lady's family hid material facts at the time of marriage and lied about her age brings in an element of deception in getting the alliance completed. However in the preset case of your cousin it is not ground enough for filing for divorce.

2) The best way if the couple find not compatible with each other is to file for a divorce by Mutual Consent.If the wife is agreeable they can move a joint petition before the court for divorce .

3) Now as they have a one year old child in the marriage, your cousin will be liable to provide for the maintenance of the child and the mother as well especially if she is not capable of maintaining herself.

4) If the wife consents for a mutually consented divorce, draw up a consent term and include all issues pertaining to maintenance, alimony etc to form part of the divorce decree.

1. No 430 case lies.

2. YOu can file civil suit for damages.

3. You can file suit for nullity of marriage on the ground of concealment of material information.

4. Go fro quashing of 498A case.

5. If girl side is ready then go for mutual divorce to end the dispute once and for all.

Hello,

1) You can not file a case under 420 IPC as it does not apply in the current circumstances.

2) Get your cousin and his wife visit a counsellor and a sexologist , they will be able to guide.

1. Your cousin's wife has committed fraud by concealing her age, but she cannot be prosecuted under s.420.

2. By getting the matrimonial alliance made by concealing her age this girl has committed fraud, which entitles her husband to seek the nullity of the matrimonial tie by filing a petition to this effect in the court.

3. However, more advisable recourse is to apply for mutual divorce by drawing up consent terms and filing it in the court. The issues of alimony, compensation, etc can be amicably settled among the spouses in the MOU. If, however, she does not agree to mutual divorce then your brother may unilaterally move to court.

4. Your brother should contest on merits the 498A case filed against him.

5. He can also sue his wife for damages as she lied about her age to him.

Dear Querist

if your cousin is not willing to live with her and there is any cruelty then your cousin may file a divorce case against her before family court u/s 13(1)(ia) of Hindu Marriage Act-1955, if both are Hindus and the marriage was solemnized as per Hindu Law.

there is no case of 420 is made out against her or her parents.

your cousin may file an annulment case against her, if one year is not laps when he found the fraud.

1. It will be difficult for your cousin to prove before the Court that he could not detect suppression of 15 years of age,

2. So, it will be difficult for him to prove that he did not marry her without knowing her age,

3. Moreover, marrying of an woman of 40 yrears is not illegal and no ground for seeking divorce,

4. You can file a divorce petition on the grounds acceptable by the HMA.

1. Your cousin can also file an application for annulment of the marriage for availing your consent by suppressing fact,

2. The said annulment petition can be filed within one year from the date of coming to know about about the said suppression of fact.