Forged degree certificates & marriage dissolution

Srivathsan (Querist) 11 December 2014 This query is : Resolved
This question for a colleague of mine.

It was an arranged matrimony and seems she went through a lot of physical abuse. The couple have been living separately for 3 years now. Her husband after sending few legal notices has filed for the custody of the child even before filing the divorce petition. She is responding to it.

It has now come to know that the original graduation certificates of her husband is forged. With 'n' papers in arrears he has obtained a forged completion certificate.

His job was one of the important factors for the marriage. Now that the job has been obtained with falsified documents. It is clear that the job and marriage were built on these forgery.

Can this criminality be valid to call the marriage itself as null and void?

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Devajyoti Barman (Expert) 11 December 2014
This ground is not enough for declaring the marriage as null and void. Rather ask her to file case of divorce on cruelty.

V R SHROFF (Expert) 11 December 2014
Ans: NO

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Rajendra K Goyal (Expert) 11 December 2014
given facts are no ground of holding marriage as null and void.

ajay sethi (Expert) 11 December 2014
valid marriage has taken place . merely because husband has forged his graduation certificates does not make marriage null and void

Gagandeep Goel (Expert) 25 February 2015
Hello There

I respect the legal opinion of the experts.. But to my opinion if you were cheated on the basis of educational qualification and other supporting things which have to forged then in my personal opinion, this is a valid ground for the dissolution of marriage as the consent has been obtained by playing fraud upon you and anything done by playing fraud will be non est from the begining.

I completely recommend you to go ahead with filing a case for the nullity of marriage.

Guest (Expert) 25 February 2015
She will not achieve any personal benefit by proving cheating & fraud on the part of her husband.

For the purpose of claiming maintenance, divorce can be beneficial as compared to marriage being treated as null & void.

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