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essk   19 May 2015

Marriage annulment due to false affidavit during registraton

First husband & first wife got the divorce in Indian court year 2006. First wife married second husband (already divorcee) in 2012 & signed affidavit during marriage registration in SDM office that she was unmarried till 2012 i.e. her current marriage is the first marriage.Her brother also signed across as witness in the marriage registration. She concealed the information of her first marriage & represented herself single by then. Proof of wife's first marriage is the court case filed by her & copy of the same is available. 

#1) Can a perjury case filed against wife who had signed false affidavit in the court that she is unmarried ?
#2) Also will she get imprisonment under sec 193 or just a fine amount ?
#3) Is this a perfect ground for marriage annulment for second husband ?
#4) Can a cheating case(IPC 415, punishable under sec 420) filed against second wife & her close relatives ( e.g. brother,sister,mother,father,uncle) as all of them were involved & hidden the information ?
#5) What are the chances of imprisonment under sec 420 to all those involved if applicable or would it be fine amount only?


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 1 Replies

saravanan s (legal advisor)     19 May 2015

the husband can file a petition for declaring the marriage null and void on grounds of fraud and this has to be done within a year of coming to know about the fraud

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