Matrimonial disputes
Kunal Sarkar
(Querist) 02 August 2012
This query is : Resolved
The brief fact of the case is that,
my client choose his wife through Bharat Matrimonial.com and at the first instance of introduction my client and his family members repeatedly requested the Bride and her family members to disclose her actual date of birth and Horoscope, as my client & his family members strongly believe in horoscope. At that time the Bride and her family members informed wrong date of birth as well as horoscope.And on the basis of said wrong information the horoscope of both the parties was nicely matched as a result of which the social marriage was solemnized.
But subsequently after few days of marriage my client knew that, the said information regarding date of birth and the Horoscope of the Bride was false & fabricated.
After knowing the said facts a marital clash crop-up between them within two months of their marriage. And since last one months both husband and wife are staying at their respective house separately.
It is relevant to mention here that, after disclosure of the real truth the wife started ill-treated with her husband and his other family members and willingly left her matrimonial home.
Under the said facts and circumstances my client also not willing to continuing their marital tie.
Now my question is that,
1. Whether my client take any legal action against his wife and her family members for the said false information of date of birth and Horoscope ?
2. Whether the said facts leads to any grounds for divorce ?
3. Whether my client take the said plea in his defence, if any legal action taken by his wife or her family members?
Kunal Sarkar
Advocate
Bongaigaon, Assam.
ajay sethi
(Expert) 02 August 2012
what is her actual age and what has been mentioned in horoscope?
i would nt advise to get a divorce . it would be advisable for couple to adjust . no doubt your wife has hurt your feelings by lying about actual date of birth .
you should make it clear that your feelings have been hurt by supression about her age but you want to still give your marriage a try
Adv.R.P.Chugh
(Expert) 02 August 2012
1. Annulment can be filed on the ground of consent to marriage being vitiated by fraud as to a material circumstance concerning the repsondent/wife i.e her age.
2. It's out and out cheating S.417 IPC is attracted.
3. Expect and be on the guard for 498a and stuff
