• Need legal advice

Hi Sir,
I need an urgent advise , please advise me.  I have got married newly with a girl .The girl and their parents said before marriage that girl have IT job experience and job is in hold although currently not working they have given us some fake job joining letter. But after marriage I came to know that her whole expereince of IT job is fake and she doesn't hold any offer. When I found her guilty and asked her strictly , she went back to her hometown with her parents on the fourth day after marriage .and not communicated with us from then. It happened three weeks ago. We havent gone any intercourse for the three days which I spent with her after marriage.
I came to know that she and her parents has cheated in many other things.  I just want to leave her and dont want to continue life.. Please let me know how I can get divorce from her as I and my family were misguided by them with their fake words. Also please let me know the scope of 498 in my case and how I can get rid of it. I can confirm that marriage has not been conusmated since girl is afraid of having intercourse. I am confident she might not get IT job anywhere as she doesn't have experience and skills at all. If I apply for annulment how can I prove that marriage is not consummated ? What is the maximum~ period in which marriage should be consumated according to law? 

I strongly feel that girl is having some health problems... so their parents and the girl not willing to come back to my home by saying some reasons like currently the girl mother is ill.  Also they have taken some video and photo of taking some money from them.

I can understand that I cannot find anything legally opposite her. But I don't want to continue life with her as she cheated in all things including health.

Please suggest me
Asked 1 year ago in Family Law from Kurnool, Andhra Pradesh
Religion: Christian
1. If you apply for annulment on the ground that marriage has not been consummated then you can volunteer to undergo medical test to prove the same and also seek the medical test to be conducted on your wife, but if she has had intercourse before then medical test will be futile.

2. You can apply for annulment on the basis of suppression of her academic qualifications and employment status. You will have to prove that she does not hold the experience which she claimed earlier.

3. The scope of 498A and other criminal charges is high in your case as according to her she is a habitual cheater, but the court will give you an opportunity to contest the case to prove your innocence.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can file a suit for annulment of marriage on the ground of misrepresentation of material fact.
2. Non consummation of marriage is another ground for annulment of marriage.
3. However since litigation takes time and hassles it would be prudent on your part to first approach for an amicable settlement so both of agree for mutual divorce. The same is very expeditious and smooth affair
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
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1) you cannot file for divorce unless period of one year has elapsed from date of marriage except in exceptional circumstances 

2) you can file for annullment if you are a victim of fraud 

3)it should be filed within period of 1 year from marriage 

4) do you have her bio data wherein it is mentioned that wife has IT job experience . 

5) if marriage is not consummated on account of impotency of wife it is a ground for annulment 

6) if wife files 498A case apply for anticipatory bail 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
No doubt their side they cheated you by giving false information about her employment status or experience but as per law the suppression of this information cannot be a material for marriage hence annulment cannot be granted on this ground.  
Now to her health problem, what is the problem she is having with regard to her health?, If she is suffering from incurable disease even before her marriage and if it was suppressed then there are chances for annulment, but do you have proof for it to be proved before court?
For non-consummation of marriage she has to be an impotent, do you have proof for proving her to be impotent?, If you can prove that she has some medical problem due to which the marriage was not consummated and owing to the ailments there are no chances for consummation of marriage, you have chances for getting your marriage annulled by a decree of court. Discuss with your lawyer and move ahead. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
I strongly feel that girl is having some health problems... so their parents and the girl not willing to come back to my home by saying some reasons like currently the girl mother is ill.  Also they have taken some video and photo of taking some money from them.

The video and photographs may not become an admissible evidence to prove dowry acceptance.  The dowry demand harassment has to be proved by her during trial proceedings before the court.  No doubt she may resort to lodge a criminal complaint against you for this offence, but as per latest supreme court judgement, the police have to first investigate properly and then only thy may register the complaint and the FIR, in the meantime you may obtain AB for avoiding arrest.  




I can understand that I cannot find anything legally opposite her. But I don't want to continue life with her as she cheated in all things including health.

If you want to file a divorce case against her on the grounds of mental cruelty, you may have to wait for the completion of one year period after the marriage was solemnised. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Now only the option is to file a petition for declaring your marriage is null and void. Other wise wait for Two year from the date of marriage for filing divorce petition. You can apply for annulment on the basis of suppression of her academic qualifications and employment status
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
if you had not sexual intercourse after knowing the fact of cheating then you can file application under section 12 HMA for nullity of your marriage. but you have to prove that if she would not have IT graduate you no longer decide to marry with her.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
marriage can not be annulled on the above said grounds.

you may file a divorce case against her before the family court or your area after completion of one year of marriage, but before filing the divorce case you should tried to settle the matter amicably and if matter will be settled amicably then file Mutual Consent Divorce otherwise contested will have to be filed.

If your wife wants to file dowry harassment case against you and your family then she may file the same but you will not arrest directly the police will also tried to settle the matter amicably.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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