Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KVSR   14 May 2024

Fake date of marriage

Mr.A and Ms B got married on 12-06-2014. Later they both got divorce on mutual consent on 28-12-2014 in which they mentioned the date of marriage as 02-05-2013 (back date to overcome 01 year condition) is that divorce valid?

Read more at: https://www.lawyersclubindia.com/forum/fake-marriage-date-226429.asp
Mr.A and Ms B got married on 12-06-2014. Later they both got divorce on mutual consent on 28-12-2014 in which they mentioned the date of marriage as 02-05-2013 (back date to overcome 01 year condition) is that divorce valid?

Read more at: https://www.lawyersclubindia.com/forum/fake-marriage-date-226429.asp
Mr.A and Ms B got married on 12-06-2014. Later they both got divorce on mutual consent on 28-12-2014 in which they mentioned the date of marriage as 02-05-2013 (back date to overcome 01 year condition) is that divorce valid?

Read more at: https://www.lawyersclubindia.com/forum/fake-marriage-date-226429.asp

Hi all,

Ms.A married Mr.B on 05-06-2014. Immediately after 03 months they filed a mutual divorce petition in which the date of marriage is mentioned as 11-05-2013 and got divorce. for this Ms. A grabbed a fancy amount from the innocent Mr.B. After few months of the said divorce, Ms.A married another person Mr.C and very shortly Mr.A started the game [Money grabbing plan] again. after fed-up with the actions, Mr.C filed a divorce petition and Ms. A contested against the petition.

My questions here are,

1) is it comes under the perjury on the action of the Ms.A.

2) Is the divorce of 1st marriage of Ms. A valid or not ?

3) Is the 2nd marriage of Ms.A valid or not ?

Plz suggest any cases to refer.



Learning

 6 Replies

P. Venu (Advocate)     14 May 2024

The posting is a riddle than a query.

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

1. There is no perjury on her part or on her action except it can be treated as a fraudulent act.

2. Unless the interested parties to that marrige or a victim of that marriage is filing a criminal case on this, however it may be noted that both the parties to the mariage have indulged into this fraudulent act of faking or manipulating the date of marriage to play fraud on court, hence it is another fradulent act.

3. The first marriage was dissolved by an order of court hence it would be pertinent to establish that the previous marriage was fraudulently dissolved subsequent to that the aggrieved party to this marraige can raise this issue, but how far he will be able to have a favorable judgment because fraud is different to that of the second marriage which was as per law solemnised after dissolution of the previous marriage.

Therefore the burden to prove that the previous marriage was frauulently dissolved hence the dissolution is null and void and accordingly the marriage contracted subsequently becomes null and void. 

Dr. J C Vashista (Advocate )     14 May 2024

No purjury.

It is not a real time problem / dispute but a moot court topic.

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

Even I have the same doubt this may not be an actual problem but a moot court issue.

The querist may discuss with his teacher and choose a better answer academically.

KVSR   16 May 2024

the above quary is real

T. Kalaiselvan, Advocate (Advocate)     16 May 2024

If it was a realy query nothing prevents you from posting the proper details, becuase your own contents are contradicting each other.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register