• Wife married earlier and didn't share the status during second marriage

My wife was married earlier and then for divorxed from her first husband. Thereafter she marries me without informing her previous status. She even gave an affidavit in front of marriage registrar office during registration of marrige that this is her first marriage and I have the copy of the affidavit with me. I got to know this after 6 years and we have a daughter. She is an alcoholic and On asking she tried committing sucide twice by cutting her wrist.  She is presently with her parents. So should I file a case of divorce or voidable marrige ? Can she claims maintainance even when the marrige was based on fraud. I am a Govt servant so can she asks for the share in salary ? She has a property on her name and she also files income tax returns showing her income as approx 10000 per month.
Asked 7 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1. Misrepresentation of marital status before marriage vitiates the very foundation of marriage, and is thus actionable through a petition for annulment of marriage by the aggrieved spouse.

2. The false affidavit filed by her before the registrar makes her amenable to a criminal prosecution for cheating and forgery. On conviction she may be sentenced to imprisonment for up to 7 years. 

3. If you can prove the misrepresentation made by her then you will escape being held liable to maintain her, albeit you will continue to remain liable to maintain your daughter. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) You can file for annullment on grounds of fraud if wife had supressed material facts about her previous marriage 

2) annullment should be filed within period of one year of discovery of fraud 

3) in the alternative file for divorce on grounds of mental cruelty 

4) constant threats to commit suocide amounts to mental cruelty 

5) you have not mentioned what is your income 

6) working wife is not entitled to maintenance 

7) you will have to pay maintenance for your daughter 
Ajay Sethi
Advocate, Mumbai
23284 Answers
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So should I file a case of divorce or voidable marrige ? 

What were you doing for six years without knowing her pre-marriage marital status? and how did you come to know about this all of a sudden?  Well what is your grievance about it at this stage after knowing about it as you have already lived with her for 6 years without knowing about it, is it making any difference now?
for alcoholic habits and suicidal threats, you may consider filing a petition for dissolution of marriage by a decree of divorce on the grounds of mental cruelty.






Can she claims maintainance even when the marrige was based on fraud.

Though you say that the marriage was based on fraud, there is no fraud played in the present marriage because she is legally divorced lady at the time of marrying you, but she suppressed the fact of her previous marriage, which is not an essential fact or material to the present marriage, hence it cannot be considered as fraud, however being a legally wedded wife, she is entitled to be maintained by her husband, that is what is marriage law in India. 





I am a Govt servant so can she asks for the share in salary ?

No, but if court ordered maintenance amount is not paid to her, she may seek for salary attachment for the said amount





She has a property on her name and she also files income tax returns showing her income as approx 10000 per month.

Dig out her sources of income, prove it before court and repudiate her claim for maintenance.


T Kalaiselvan
Advocate, Vellore
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