File petition for anullment of marriage on grounds of fraud
2) petition should be filed within period of one year of discovery of fraud
I need urgent advice
Hello, Let me first briefly describe the situation. I'm at present married to a girl who is a divorcee (she has a child from previous relation that lives with her Ex husband). That was the information provided by the girls family at the time of our wedding. However, I have now come to know that she was in a live in relation with another guy for 10 months after her divorce during which she got pregnant 3 times and did abortion. This information was not disclosed at all with me or my parents before marriage. Now, I feel that I have been cheated. 1. Is this marriage still valid as per the law? (since a crucial information was hidden on purpose)? 2. Is there any law that can protect me from this situation of fraud and cheating? I'm waiting for your valuable input. Thank You
Asked 3 years ago in Family Law
Religion: Sikh
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8 Answers
Dear Client,
you can file for divorce case against your wife on the grounds of cheating. you will need evidences before court to prove that the truth of your wife's live in relationship was concealed from you before and during the time of your marriage.
1. Since crucial information about the girl was hidden with the sole intention to cheat you in marriage is a ground for you to file for Annulment of Marriage.
2. Please file for Annulment of Marriage with the jurisdictional Court based on the above ground and get rid of her.
1. As per Section 12 of the Hindu marriage Act, if the consent was obtained by force or by fraud or by concealment of the fact, then the marriage can be annulled on these grounds.
- Since she has concealed these facts from you and your guardian , and your consent was obtained by fraud , then you can file a petition for annulment of the marriage.
- Hence, this marriage is not valid in the eye of law.
2. Yes, you can file a petition before the family court for declaring the marriage as null and void.
- However, for your safety , you can lodge a compliant before the police and higher official against her after mentioning the facts that she and her family has cheated you, however the final solution is filing a petition in the court.
You can contact me in Delhi, if further suggestion needed.
1. The marriage is legally valid if it was solemnised as per the religious rites and customs.
The suppression of her affairs or abortion prior to marriage are not grounds for seeking to annul the marriage.
You can collect the evidence of her acts of her past affairs with a different person prior to marrying you and can file a divorce case on the grounds of mental cruelty after completion of one year of your marriage.
2. The above suggestion would be better option before you.
She already made fool of previous man and left child with him.
Live-in relationship is irrelevant.
However you have good case for Abortions.
You have to get the details of abortions and deal next steps cautiously.
1. File annulment on ground of fraud against them and get the marriage annulled
Yes, you have valid grounds for seeking annulment of your marriage. Abstaining from physical relationship with the partner is one of the most important grounds for seeking a divorce, which you say your wife transgressed voluntarily. Further, these facts were deliberately suppressed. In the circumstances, her earlier marriage still subsists.
