Hello,

Do you have some prove to show that they said that they belong to redyy community.

If yes, then you may file a case of cheating and also file a case of divorce.

Regards

If you have any proof of of his misrepresentation then you can file a case against him however at this moment this is a immaterial and better to go for divorce

How will you be able to substantiate that prior to this marriage, when the marriage proposal was shared with you, they disguised themselves to be belonging to Reddy Community?

If you have sufficient material to substantiate the above, try filing a cheating case.

Dear Client,

Valid ground will be fraud for annulment as you agreed to the marriage based on the lies or misrepresentation of the fact that they are reddy.

And until above is not proved, not sufficient ground to deny maintenance still you can try this as a defense, no harm.

Hi,

You may be willing to take benefits of their lying but the facts of hiding their casts will be of no much value in the case.

If there is concealment of fact then in that in case Annulment can be filed taking as ground of fraud and cheating in marriage.

You can take an objection if objection sustain then in that case the court may not grant the interim award. Further you need to prove same along that there was no domestic violence.

1)do you have documentary evidence that your in laws told you that they belong to reddy community

2)no case of cheating is maintainable against in laws

3) file for discharge in trial court

4)court would award wife maintenance in Dv case

you have sufficient evidence that they deceived you that they are reddy by caste

2)take plea that forged caste certifcate was produced by them to get govt job

3) file complaint against FIL for using forged caste certificates

4) it would pressurize them to come to a settlement

5) in DV case emphasis on fact that girl is highly qualified and can maintain herself

Dear Sir,

You can file annulment of marriage based on concealment of facts since such non disclosure amounts fraud played upon you. Thus caused much inconvenience to you in the society. Virtually the parents of your wife cheated you. And you can also file criminal complainant with higher officer.

You can refer the following laws:

Annulment of Marriage under Hindu Law

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Annulment of Marriage

As per Legal terminology, the term annulment refers making a marriage null and void/voidable; in case the marriage is void ab initio (which means the marriage is considered to be invalid from its inception), then it shall be automatically null, even though the statement of nullity is required to be established.

Annulment is a legal process for declaration of marriage null and void. It can only be stated null and void if there are certain legal requirements were not met at the time of the marriage and then it is considered to have been never existed, legally. Such process is known as annulment which is very different from divorce. The clear distinction between annulment and divorce is that the annulment refers to the marriage which is never existed at all whereas the divorce dissolves the marriage.

Grounds for Annulment

The grounds for a marriage annulment are varied to the different jurisdictions but are limited to fraud, bigamy, blood relationship and mental incompetence and includes the following situations as well:

Any of the spouse was already married to someone at the time of the marriage; Any of the spouse was young to get marriage or marries without the consent of parents/court; Any of the spouse was under the influence of drugs or alcohol at the time of the marriage;Any of the spouse was mentally incompetent; If the consent was obtained through fraud or force; Any of the spouse was physically incompetent to get married (basically he is unable to have sexual intercourse);The spouse who is sentenced for a life term imprisonment.

Void Marriages : How can it be annulled ?

As per Section 11 of Hindu Marriage Act, 1955, which deals with void marriages described as the marriage solemnized after the commencement of the Act shall be null and void and become null and void by presenting a petition through any of the party on the basis of the above mentioned grounds.

Concept of Bigamy – In case any of the spouse was still legally married to another person at the time of the marriage to the other spouse then the marriage is considered to be void and no requirement for applying the annulment before the court is mandatory.

Who can seek Annulment?

Any party to the marriage can file an application for the annulment for declaration of the marriage as null and void. However, this is just a procedure to be brought on record before the court and is done as the precaution so that in future, no question of void marriage can be called.

Voidable Marriages : How can it be annulled?

A voidable marriage is basically a legal marriage which can be cancelled by any one of the parties to the marriage and is contested in the court on the basis of the below mentioned grounds:

No consummation of marriage because of incapacity of the partner;Any of the spouse did not provide the free consent to it or in the consequence of mistake, unsoundness etc. Any of the spouses is mentally disordered person but has given the valid consent for marriage and that person falls under the ambit of the Mental Disorders Ordinance 1952 Act.;Any of the spouse is suffering from the venereal disease which is in a communicable form;The wife is pregnant with some other person at the time of marriage.

Who can seek Annulment?

Below are the parties who can file the petition before the concerned court for the annulment of the marriage:

In case the petitioner gives any consent for more than an year after the fraud committed by the other person.In case, the wife is pregnant with some other person at the time of marriage and the person to the marriage is not aware about the happening.

Annulment Process

Basically the process of annulment of marriage is not a common process therefore a person applying for the annulment has to meet the residency requirement where he/she is staying. Thereafter the person can file the petition where he was born, the marriage was solemnized or has been living together and has to stay for continuous 90 days period before filing the application. The procedure for the annulment is almost similar to the divorce proceedings and can be filed by any of the party. However, the divorce is considered to be the most complicated process as compare to the annulment.

This is my response to you:

1. File a petition under section 12(1)(a) of the Hindu Marriage Act for nullity of marriage;

2. Your case directly fall under a major concealment of facts and you can find merit. This falls under deliberate misrepresentation or suppression of facts which amounts to fraud;

3. Refer paragraph 15 of this case: Rajaram Vishwakarma vs Deepabai on 16 March, 1973, Equivalent citations: AIR 1974 MP 52;

4. You can refer this case: AIR 1971 Delhi 208, 7 (1971) DLT 244

5. Consult a local lawyer and go ahead.

Cheating cae is not maintainable.

Suppressing the fact which is not material to marriage cannot be considered as an act of cheating.

Perhaps their sub-caste may come under BC hence this is not an issue to fight her 498a or DVC.

You challenge her false 498a cae on merits and documentary evidences in your support.

In 498a you do not have to give evidence, may be it was in her DVC.

In 498a IF CHARGE SHEET HAS JUST BEEN FILED THEN THE COURT WILL take it on file and would summon them for letting in their evidence, you cannot be so anxious over it so soon.

The court procedures and trial may take a good amount of time, you may have to endure it accordingly.

Dear Querist

Argue on charge and raise your objections for the jurisdcition.

if you get the knowledge of their fraud after getting chargesheet or within one year then you may file an annulment petition under section 12 of Hindu marriage Act-1955 before the Family Court.

You may also file a criminal complaint against her father in his department for using fake caste certificate, if any.

Feel Free to Call

You file a discharge petition in the case of 498A on the ground as stated by you hereinabove.

Regards