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kamal (owner)     23 June 2014

Divorce on ground of suppression of financial condition

My sister was married to a boy about one year back as per hindu rituals and traditions. The boy represented that he is in service and also doing part time business. since the boys sister was my sisters friend we believed in them.

However, after marriage following instances aroused our suspicion :

1) Within 3 months of marriage he told that he left service and want to start his business so he shifted to another city. Again he stayed there for hardly three months and then shifted to say B city and then after 3/4 months to C city.

2) In all these places my sister stayed with her in hotels for short periods.

3) He kept changing his business/mobile nos frequently.

4) Recently it came to our notice  through a paper publication that the boy had taken a big loan from a bank for his business in 2008 and has been declared defaulter in 2012 ( before marriage). This fact was not known to us.

5) We also came to know that the boy has cheated other persons as well and cases of NI Act is pending against him. 

6) Keeps changing his residence address and defaulted on rent/maintenance also.

7) When we confronted him about the above facts, the boy and his mother have disappeared / left their last residence and now not traceable although calls to my sister occasionaly still trying to dupe her.

8) Sister of the boy is actively involved in the scheme and is in full knowledge of all the things. The boy, mother and sister regularly used to pressure my sister to bring money from his parents on some pretext or other or used to request for loan for short period for business.

9) Now the boy  and his mother is simply untraceable but sisters address is known to us.

 

PLEASE ADVISE 

A) Whether this marriage can be annulled on the ground of fraud Sec 12 (1)(c) of HMact since he did not disclose /misrepresented his financial status as he was already a defaulter of bank before marriage.

B) Can His fraudulent nature is established by his behaviour like changing business places/ residences/ phone no. /  sec 138 NI Act cases.

C) Whether we can file 498a also simultaneously against boy/mother/sister   , since boy and mother have fled.

D) Unfortunately marriage was not regd but proof of marriage are there. Whether this weakens the case ?



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 1 Replies

Krishna. Advocate (Advocate)     23 June 2014

Whether this marriage can be annulled on the ground of fraud Sec 12 (1)(c) of HMact since he did not disclose /misrepresented his financial status as he was already a defaulter of bank before marriage.

Ans:

Yes Fraud or Misrepresentation of facts is one of the ground for divorce in Hindu marriage act. But the important thing is that any type of fraud cannot be taken as ground.

The fraud must be vital to the marital relationship. Here if you say that he represented as he owned  big business or as  a rich person,  it will not justify  nullity on the basis of fraud.Those facts are not vital to martial relationship.

However you can say  he represented as honest , law abiding , respectable and honorable person, then you are  entitled to the judgment of nullity on the ground of fraud.These are vital to the martial relationship.

However he can  defend by 2 ways. Please take it consideration

 the fraud was discovered a year before filing the case

or 

Even after the knowledge of fraud,  we  are co habiting 

in both the case you can't take fraud as a ground

Can His fraudulent nature is established by his behaviour like changing business places/ residences/ phone no. /  sec 138 NI Act cases.

Yes . have sufficient evidence to proove

C) Whether we can file 498a also simultaneously against boy/mother/sister   , since boy and mother have fled.

 

Yes

 

 

D) Unfortunately marriage was not regd but proof of marriage are there. Whether this weakens the case ?

 

Registration of marriage is compulsory in now a days. But if you can prove  in the court that marriage was solomnized as per the hindu rites and rituals then no problem. your marriage is valid marriage.

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