Javed (CA) 15 October 2012
If a person is married and after the marriage he comes to know that his wife was divorced before and she was hiding the truth from husband and everything is reconciled after talk.
Now after 2 years is it possible to file a case of 415 or 420 against the wife or is there a time frame within which one has to file the complain after knowing about the fraud?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 October 2012
This amounts to an offence u/s 417 of the Indian Penal Code (as defined in S.415) and not S.420 which is a more aggravated form and is concerned with property. A 417 offence is punishable with maximum of 3 years, hence the limitation period for a criminal complaint is also 3 years. As regards annulment it can be sought within one year of discovery of fraud.
Bharat Chugh - Advocate Supreme Court of India
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