• Girl married 15 years younger boy by hiding her age

Dear experts,
my cousin had married a girl in 2013, at the time of marriage the parents of the girl told that her age is 25. and my cousin and she were married and during his marriage life from 2013 to 2014 my cousin had faced a lot of problem with her mentally and physically because he was unable to satisfy her. in 2014 she gave birth to a baby and after that my cousins parents got to know that her age was 40 by checking in some school records. now my cousin is not willing to stay with her because there is no compatibility between them. when they had rejected the girl had filled 498a and my cousin was put in jail and got bail. he had attended lot of counselings from police and women welfare and etc. but my cousin don't want to get her back. police did not file charge sheet from 10 months because of some political pressures. please give a solution to my cousins problem as he is not willing to continue with that lady if that happens he is telling that i will quit.
Asked 2 years ago in Criminal Law from Hyderabad, Andhra Pradesh
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.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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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.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
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.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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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.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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