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(Guest)

Can marriage be void/annulled girls's father's fraud

Need a Immidate Advice: Marriage took place 6 monts ago, wife left matrimonial home on account of small dispute, Suddely guy came to know that father and brother has changed names and involved in many crimibal activities of thefts/ bulgary etc. Brother has been declared PO by court in two cases. Father impersonated as ex- army officer and a doctor , also the brother claimed to be doctor, but both are not and have a fake degree. They are wanted and many media publications are on internet for them.



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 6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 December 2017

Write in good language. Are you speaking for the boy's side or the girl's side?  Whose father and brother were engaged in criminal activities, of the girl or of the boy?

Vijay Raj Mahajan (Advocate)     19 December 2017

If father and brother of wife involved in criminal cases, they misrepresented about their actual status and gave wrong information about themselves, than how the wife is to be blamed and how she indulged in fraud for taking consent of marriage with regard to her own self in the case that you seek annulment of marriage.

(Guest)

Sir, PLs see point 9 taken from legal books, and suggest.

 

Fraud: Consent obtained by force or fraud [Section 12(1)(c)]

Some important grounds of fraud: (1) Nature of ceremony, (2) Identity of the party, (3) Concealment of disease, (4) Concealment of religion or caste, (5) Concealment of previous marriage, (6) Concealment of unchastity, (7) Concealment of illegitimacy, (8) Concealment of age, (9) Petitioner’s father’s fraud, (10) Concealment of financial status and nature of employment.

 

 


(Guest)

The above statement has been written from a boys pont of view, the girls family is into criminal activities.

Vijay Raj Mahajan (Advocate)     19 December 2017

Firstly these points are being drafted by some independent author not as provided under section 12(1) (c) of the Hindu Marriage Act, 1955 which provides: that a consent of the petitioner was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the Respondent. Nowhere has it mentioned Respondent's father or brother or any other family member. When you check online blogs written by independent authors who have hardly any legal practise experience in courts as litigation lawyers you get half or incorrect information and then you argue with experienced lawyers like me on those non-existing laws.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 December 2017

If the girl and boy were above the age for marriage, adverse things pertaining to relatives of either party such as father, brother or others cannot be held as reasons to nullify the marriage. What are the legal books?


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