Marriage by misrepresentation of dob, can it be a voidable under hma
RAMESH ANAND
(Querist) 27 September 2013
This query is : Resolved
Hi,
I have one query if the Boy misrepresented
his DOB birth in marriage advt say increase it by one year and relying upon that advt marriage solmenised as per Hindu Rites
Now if it known after 1 and half year than
can it be a ground for marriage by misrepresentation and can it be voidable under section 11 of HMA, 1955
any ruling please
Padam
P. Venu
(Expert) 28 September 2013
How the alleged misrepresentation has affected marital relationship?
RAMESH ANAND
(Querist) 28 September 2013
As per our Samaj Custom we believe that Boy should be older than girl but by this
misrepresentation the boy is being younger
than girl.
moreover fcat is that the boy and his family are tremendously harrassing the girl and since beginning have captured all her StriDhan and expelled the girl even without a dress in night at 11 o clock since than for 2 months she is with her parents and in my letter to them i raised this also that you have misrepresnted at this point also and we seek separation which other wise shall take time in court and for fast it need mutual divorce
they are not ready for return the Stridhan and other marriage expenses & mutual divorce, that why i seek advise that question of DOB misrepresntation
Sudhir Kumar, Advocate
(Expert) 28 September 2013
capture of istridhan and domestic violence are itself serious office I am now surprised if there is dowry demand also (you may not be knowing what is dowry and what is demand).
In such situation why do you want to take a silly argument like DOB
V R SHROFF
(Expert) 28 September 2013
IT IS A CASE OF DV, CRUELTY SEC 13 DIVORCE.
ONE YEAR YOUNGER MAY NOT SERVE THE PURPOSE,
unless if affected the marriage Life only due to a year .
prabhakar singh
(Expert) 28 September 2013
There is nothing to avoid a marriage on the ground of age under section 11 or 12 of HMA.
They will have to RETURN stridhan.
When they are not ready for a MCD only a regular case is way.
Why did not you lodged FIR of the incident that took place on that fateful night.
Sudhir Kumar, Advocate
(Expert) 28 September 2013
your case appears to such that one person has got ticket reserved in AC compartment and yet wants to travel ticketless in local bus.
prabhakar singh
(Expert) 28 September 2013
He would not follow your JEST Mr.Sudhir Kumar!
Raj Kumar Makkad
(Expert) 29 September 2013
The facts establish that the wife is being treated with cruelty and thus she can file criminal case under sections 498A/406/506 IPC with DV Act and 125 Cr. PC rather for annulment of marriage.
K.K.Ganguly
(Expert) 04 October 2013
1. It is not a good ground,
2. You can rather teach them a very good lesson by lodging police complaint u/s498A, 406, 506 of IPC,
3. If the police refuse to act, file a petition before the Court u/s156(3) praying for a direction upon the police to investigate and act,
4. Police will act now,
5. The opposite party will now come to discussion table with a proposal to sign the MCD, if all the cases are withdrawn.
