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suppresion of fact, can it be a ground of divorce?

Service

What is " Suppression of fact"? How it affects to get divorce? What is the verdic of the court to be prove the same?

Can any writting statement in a court paper duly signed by both husbend and wife before the marriage is sufficient to quash the alligetion of Suppresion of fact. Please Advise me accordingly as I am in a such problem.

Rajkumar

 
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civil practice

Suppression of fact means, the fact which either party should know before arriving at agreement,if not disclosed,would amount to suppression of fact. But as you say the fact which you both should have known was already declared to each other in writing, either party cannot agitate the issue of suppression of fact.. 


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Family Counsellor

Rajkumar,

Suppression or concelment of the fact can only be the ground of the divorce if and only if that fact is going to affect the marital life, not leading to the healthy family life. Some of the grounds that the medical condition of either parties known before the marriage, financial debt for which the other familys support is required, social stigma, previous abortions etc. In your case, the concelment of the fact will be the ground of the divorce.


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The exact term is  " Suppression of material fact" not  " Suppression of fact". the act hereunder

HMA:NULLITY OF MARRIAGE AND DIVORCE Sec.12. Voidable marriages. - (1)Any marriage solemnized, shall be voidable and may be annulled by a decree of nullity on (c) that the consent of the petitioner, was obtained by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent


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Middle Executive

If the DOB of wife declared before marriage is different from the actual, which the Husband came to know after marriage, how can it be helpful for the Husband ?

The DOB mentioned in the Biodata produced before marriage by the girl's side doesnot match wih her actual DOB, mentioned in her Voter ID card.

 
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Service

1. She has a past criminal case history and underwent 05 years jail.

2. She had undergone a abrtion before marriage

3. She has stated false Date of Birth in her modified voter ID as well as marriage certificate with respect to her age stated at case history.

 

As I remember that the above stated facts were not mentioned in the said court paper in details, at where we signed both. So can it be a ground of divorce.

Secondly, I wanted to know that the court paper undersigned togatherly : is it a valid to the Law?

Regards

Rajkumar
 

 
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Service

Sorry, the correct word is "abortion" in para 2

 
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Family Counsellor

Rajkumar, 

if the above points are not mentioned, then this would be Concelment of the facts. You can say that what was told is only half of the truth and not the full truth. 


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