Fraud marriage or not?

Law Querier (Querist) 15 April 2012 This query is : Resolved
If divorced husband/wife wants to marry again with other person. During second marriage, he/she hide (not show) his/her divorced status and, he/she shows that he/she is Bachelor or never married. And If second marriage is solemnized and registered. Q-1. Can the second husband/wife take any legal action when he/she know the real status (divorced status) of his/her spouse? Q-2. Is that any law regarding this case? Is it case of Fraud marriage or Not?

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Shonee Kapoor (Expert) 15 April 2012
The second husband can go for nullity based on thus.

Yes, it would be fraud.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Law Querier (Querist) 15 April 2012
thank you sir,,,

Devajyoti Barman (Expert) 15 April 2012
This is a ground for divorce for material misrepresentation of fact.

Law Querier (Querist) 15 April 2012
After second divorce/nullity, the status of divorce husband/wife is remain same as divorced but the status of that bachelor/never married person is changed to Divorced person.they become fool.what are other punishment for these type of persons in our law system? because, the Guilty should be punished to save others from being fooled.

Shonee Kapoor (Expert) 15 April 2012
After nullity, it remains the same. That is bachelor or so. Because the marriage never existed in the eyes of law.

After divorce the status changes to divorcee.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Law Querier (Querist) 15 April 2012
Shonee sir, I understand that after nullity, the status of suffered person remains same in the eye of law. but, in the eye of society it doesn't remain bachelor because the marriage of bachelor person is solemnized with the presence of family members and relatives of society.

Devajyoti Barman (Expert) 15 April 2012
Divorce and nullity are different concept of law.
Annulment is possible i=only on violation of certain conditions as embodies u/s 11 and 12 of HMA.

ajay sethi (Expert) 15 April 2012
since marraige has taken place under false pretences and husband /wife has surepressed important factts you cn aopt for diovrce

prabhakar singh (Expert) 15 April 2012
Two different divorcees can always go to marry each other.If the two have remarried and both have concealed their earlier status
that then in my opinion no fraud has taken place.But in case one of them disclosed divorcee status but the other one represented ever bachelor,or remain silent even when asked then it would amount to fraud if the other one consented to marry only knowing bachelor status of the other,if s/he says s/he must have not married had the fact been known to.

Raj Kumar Makkad (Expert) 15 April 2012
Nothing remains to be added.

Shonee Kapoor (Expert) 15 April 2012
I don't think we can address societal issues here. Only legal advise can be rendered to people asking queries.

Everyone should do his bit in improving the society. It can not be done by a few only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 15 April 2012
We can discuss only legal issues which are already found discussed in judicial pronouncements but social issues which ought to be cannot be discussed at least in this section.