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Shrinivas (service)     23 December 2010

Divorce - married in june 2010

Hi

Please help m in the following matter.

I m married in june 2010 and my wife left my house on aug 2010. I tried to pursue her but she do not come back. and with the help of my family member and relatives it's decided to be separeted and apply for divorce for mutual consent but as 1 year not elapsed I can not do so. 

Her lawyer suggest that he will file u/s 12 of HMA showing fraud date of birth and false income showed by me for marriage. and I have to agree for that.

to complete the marrage process. Even I decided to comlete the divorce procedure as she will not come back, with mutual consent.

Is it good for me to allow ex parte procedure decree. In future I do not want any loopholes in it.

Plese guide in regard U/s 12 of HMA of fraud case possible.

Is it good for me.

 

Thanks

 

 

 



Learning

 4 Replies

Saurabh..V (Law Consultant)     23 December 2010

@Shrinivas

 

S.12 H.M.A contains provision of voidable marriage as fraud is one of them.

 

But I advice that you do not opt for this. This would open venue for possible demand of alimony by wife. So in my view it is better that you patiently wait for one year and move a petition under S. 13B H.M.A for mutual divorce as this will close any further scope for ligitation between you and your wife.

 

 

//peace

/Saurabh.V

1 Like

Avnish Kaur (Consultant)     23 December 2010

false income is not a good ground for annulment , neither is false DOB . it shud be a material fact . and also why u agree for fraud blame cum on u tell her lawyer that you will file fraud on her and if she agrees you go ahead with annulment.

1 Like

Gajender Singh (ca)     24 December 2010

avnish is right. they may be trapping you.

My friend applied for divorce after 2 months of marriage and got it. What he did was mentioned in mcd petition that they were married 2 yrs ago(which was false) and from 1.5 yrs they are living separately (again false) and there is no option for reconciliation. go for this instead.

 

1 Like

Shrinivas (service)     24 December 2010

Thanks all of you.

Now her lawyer added ground that the marriage is not consumated due to some religious ceromny in house. which is not correct fact. Is it good for me ? I do not wann to agrre that in court. what will be implication if I say so in court.

I m simple person but her side there is lot of bad guys and wann to force that. I wann to just close this matter as early possible.

 

 

 


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