Mutual divorce is the best way out. Get your papers ready and ask him to sign it

1. Well material suppression off act leading to defraud someone to marry a person is a ground for nullity of marriage.

2. So if you have decided to move on then file a suit for declaring your marriage as null and void.

3. However if he wishes to harass you then on contest of the suit it would take some time.

4. However keep patience and stay separate. If he tortures you then consider filing case under section 498A and for maintenance under PWDV Act.

1) You can go for annulment of marriage and that you will get easily, secondly you will be not called as divorcee after this.

2) You have strong proof to show in the court.

You can file petition for annulment of marriage on the ground of fraud or you can file divorce petition on the grounds mentioned in section 13 of HM act. If you prepare section 13 there must be one year seperation period before filing the petition. If you prepare section 12, you have to prove the fraud committed by him. As per section 12(1)(c) Hindu marriages act, no such petition for annulling a marriage on the ground specified in HM act i.e., on the ground of consent by fraud, shall be entertained if the petition is presented more than one year after the fraud had been discovered.

Therefore, if your consent to the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered. Asif no petition shall lie before the Court, if you continued to live with him as a wife even after the fraud was discovered.

Yes, those documents would fair enough to prove your case. Definitely you will succeed case. Those averments regarding his attitude would support your case.

File for anullment on grounds of fraud

2) if he has lied about his income and produced forged pay slips you can file for anullment within period of one year of discovery of fraud

3) you have to prove allegations made in the petition

You can rely upon documentary evidence in your possession to prove fraud

Also mention that on account of his defrauding bank case has been filed against him by bank

The annulment of marriage can be filed based on fraud committed by husband to marry you.

Since the consent of marriage was obtained on fraud your case is maintainable and the court shall provide you relief.

The annulment proceedings take some time to complete so you can leave separately further you have to contend before court that as soon as you came in knowledge that husband has made a fraud you have filed the petition of annulment.

Yes the payslip forged by him can be the documentary evidence to show he has done fraud, further how was pdf given to you by mail or in drive as in digital form produce 65B certificate along same.

Yes the fact that husband has also going fraud case with bank won't directly help or directly related to your case but shall help to establish your claim for annulment.

Concealment of misrepresentation of every fact and circumstances cannot be said to be fraud sufficient for annulment. It is difficult to define with any certainty what can be said to be material fact or circumstance but it may be safely said that the fact or circumstance which is of such nature as would materially interfere with the marital life and pleasure including sexual pleasure will be a material fact or circumstance. The only limitation is that the material fact, or circumstance must be concerning the respondent, meaning thereby that it must be in respect of the person or character of the respondent.

But, in the present facts of the case, you have a fit case for annulment on grounds of material suppression of fact as well as fraud being played upon you by way of fabricated pay slips.

It's also adviced that you file a case for Fraud, cheating and criminal breach of trust under section 420/415/406 against your husband and in-laws for the fraud that was played you and your family by them by getting assent for marriage by way of fabricated documents, pending cases etc. which is an criminal offence and such complaint would also help in your annulment case.

If police comes to conclusion that offence is made out, may arrest accused,seize/freeze and file final report before Magistrate for trial OR file closure report that no offence was made out.

There are lot of judgements wherein hiding the

material fact from spouse before marriage was considered fraud and annulment granted, hence it's not going to be very difficult for you.

Good luck!

Regards.

Dear Client,

These grounds are sufficient to prove fraud played on you, Any prudent person will infer, who will marry a criminal.

Rest pay slip will do.

Sec 12(c) HMA.

Dear Ma'am,

You can file annulment or nullity petition on the grounds of fraud within one year of marriage only. As you consent was taken by fraud for the marriage, hence you can file for annulment or nullity of the marriage. He being in jail and his salary slip or the case pending against him and the case documents would be sufficient to prove the fraud played on you by him before the family court in the case filed by you.

1) Yes, you can show same bank fraud transactions as additional proofs along what he had shown to you and your family.

Dear Concern,

Please take note of the following -

1. Nullification of marriage (means your marriage is no marriage at all)

To get your marriage nullified you to prove that your marriage is in violation of sub-clause (i), (iv) or (v) of the Section 5 of the Hindu Marriage Act. Sub-clause (i) of this section is "neither party shall have a spouse living at the the time of marriage", sub-clause (iv) is 'parties shall not fall into the ambit of prohibited relationship' and sub-clause (v) is 'parties shall not be sapindas of each other'. Sapindas means that your ancestors shall not be the same. If none of these is valid for your case then your marriage can't be nullified.

2. Annulment of marriage (means your marriage is though is a marriage but that is not valid because of some reason)

Of among other grounds available for the annulment of marriage there is a ground of 'fraud' which says that -

A. If the consent to the marriage has been obtained by fraud, and

B. that fraud has not been condoned by the party, and

C. the party has approached the court before the completion of a year of the marriage,

Then that marriage shall be annul by the Court.

Your case falls into this ambit. You should collect all necessary documents available on record to prove fraud played upon you to get this marriage done. The documents include false paysilp, case file of the Bank vs your husband, falsification of data that shows your husband to be a man of high means and any other document which proves his fraudulent activity.

3. If you are unable to seek the recourse of the above remedy then you can go for judicial separation (means as per the law you are no more required to lead your life as a husband and wife).

A. This can be brought before the court at any point of time and you are not required to wait for a year to seek this remedy. The ambit of this remedy is equal to the ambit of the Divorce and you will easily get your judicial separation. You can also convert your application of judicial separation into divorce application if that has not been decided by the court in a year. You have this option with yourself.

The only difference in between judicial separation and divorce is that after the grant of divorce you can remarry someone but after the grant of judicial separation you can't remarry anyone. To do so ultimately you have to take divorce. However taking divorce after the grant of judicial separation is very easy.

4. As everyone else would have told you the last option is the option of divorce. But to avail this remedy you have to wait for a year.

Annulment of marriage will not be maintainable.

You may have to wait for one year completion for filing divorce petition.

I was leaning towards annulment because I have been married for just 2 months and I don't want to wait a year to file the divorce. Also I won't be called a "divorcee" and it would be easier to remarry in the future once I get out of this mess.

Your marriage cannot be annulled for this reason.

You may have to wait for one year without which your marriage will not be dissolved legally, hence you dont get trapped to further legal consequences by doing anything which is illegal.

As you have mentioned I need to prove his "fraud" in a court of law. I already have the payslip he provided to my family (in the form of a pdf document). Would that be enough ? Also since he's already in jail and the bank has a case against him, can't I use this fact as additional proof ? What more documents/facts would I need to prove this "fraud" and get this annulled ?

These are not grounds for fraud on marriage as per provisions of law for annulment on the grounds of fraud.

Hence marriage cannot be annulled based on such frauds.

1. You shall have to show evidence to prove that he had shown you the said pay slip.

2. If you can prove that then you can file a petition praying for annulment of your marriage for availing your consent suppressing the vital fact from you and had the said fact been not suppressed from you, the consent for marriage would not have been given by you.

3. In the said argument, you can also add that he has not revealed the fact that he has cheated.defrauded the bank by Rs.50 lakhs.

1. The pay in slip in the form of a PDF file supported by a lettr/email wherein he is confirming that he draws Rs.1.3 lakhs towards his monthly salary will be enough to seek annulment of your marriage.

2. However, please note that he will counter argue that he has not submitted the said pdf file which is your creation for seeking annulment of marriage. So, you shall also have to submit evidence that it is he who has submitted the said pdf file to you.

3. The incidence of fraud reported by the bank can be used as secondary/additional example to influence the Court though it is well established proposition of law that no body can be considered as guilty unless prove to be guilty by the Court.

Go for annulment as he has commented a fraud with you by giving you false information.