Fraud_victim (Manager) 16 April 2010

Fraud_Nullity of marriage_sec12 HMA

I discovered that the age of my spouse given to me at the time of marriage was wrong - she happens to be 4 years elder to me, I could have ignored this fact but : (a) I feel cheated that the very basis of relation (trust) is breached. PAN card with wrong DOB was shown to me at the time of marriage (i guess its a cheating to GOI as well)

(b) She has already approached age for menopause & thus may not be in condition to bear me child, besides being very temperamental & no interest in physical relationship

(c) Me & my family being strong believer in matching horoscope, our emotions & beliefs have been mocked as wrong dates were given to match the horoscope & as per actual dates our marriage is non compatible which has been experienced in last 3 years of torturous marriage.

When I questioned on this act (of fraud), DV case was filed against me & now I have been harrassed in local police station & court. Post my discovery, my old parents & me have been subject to mental & physical harrassment with false allegations, effecting my social, personal & professional life to humiliation. I have file an appeal for nullity of marriage u/s 12 HMA. I am seeking suggestions on this & any citation of past judgements

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3 Replies

jyotirmaya behera (advocate) 16 April 2010

if she cheated with you tn file a case against her as falsh document case. if she fileed a divorce then u give her divorce on the ground. but u ll never give her any penalty. if you ll file divorce then you ll bound to give penalty.

which ground police arrest you?

Arup (UNEMPLOYED) 20 April 2010

mr behera is correct.

my case almost same.

https://arupkumarguptavssmtramadasgupta.blogspot.com/

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Fraud_victim (Manager) 21 April 2010

thanks to all.. she has not filed divorce & nor she intends to do it.. infact trying hard (blackmailing thru DV) to withdraw my case... I had opened a bank account - either / or survivor & made her a partner since she was not able to open her own account as she had no residence proof in the new city where she shifted with me after marriage. PAN card was required as a mandatory document, but without my knowledge, she also submitted her passport copy which had 'correct' date of birth & now through this document, she is trying to prove that I knew about her age long time (more than an year before filing the case) and hence my application for this case should be void & nullify. If the judge is convinced that I knew her age more than an year ago, my petition may be disqualified. Any suggestion to counter this. (she got these papers from bank through RTI & now i feel that the whole process of opening an account & submitting a document with out my knowledge was a pre planned & 'socchi samjhi sajish" - just to create false evidence.