Decree of annullment under section 12(1)(c) of HMA
(Querist) 28 July 2009
This query is : Resolved
Respected All ! I would like to invite your opinion over the issue regarding a lie told by the bride before marriage with regard to her educational qualification, whereas, in fact, instead of M.A. English in first division as claimed by her, she is only graduate, that too in third division. Furthermore, the certificate of MA-Ist year furnished by her after one month of her marriage, clearly depicts the forgery in the said certificate because it could be clearly legible that she has failed but in her futile attempt she had forged the said certificate and changed the marks thereby declaring herself as passed the said exam. Thus my question is that, apart from prosecuting her for forging the certificate u/s 466 IPC shall i have any chance of getting the said marriage annulled u/s 12(1)(c) of Hindu Marriage act
(Expert) 29 July 2009
No. Annualment is not possible because it is not a material fact. Whether she is a graduate or post graduate is not a material question and it does not affect the harmonious and blessful married life.
Instead of harassing her by using this frivolous allegations love her and get love from her and you both enjoy the happy life instead of invoking criminal and matrimonial jurisdictions, which may ultimately ruin both of you.
(Querist) 30 July 2009
Well Mr. Prabhakar that's not frivolous allegation, i m in possession of those forged certificates. Anyhow, more judicious thinking is expected from you by keeping in control your emotional quotient since all the facts stated above have duly been supported by documentary evidence. Thanks anyway for your concern.
(Expert) 30 July 2009
annulment is not possible on this ground