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(Guest)

fake cases on husband

Mr.A and Ms B got married on 12-06-2014. Later they both applied for divorce on 20-01-2015 and got divorce on mutual consent on 11-08-2015 in which they mentioned the date of marriage as 27-05-2013 (back date to manage 01 year condition).
Ms. B received huge amount as alimony from Mr.A.

Ms. B again got married on 21-08-2016 with Mr.C. immediately after the marriage Ms.B and her parents started drama and after few months filed fake 498a case and maintenance 125 case on Mr.C.

is it a valid divorce for 1st marriage of Ms.B & Mr.A?


Learning

 3 Replies

Alpa Jogi (Advocate) (Lawyer / Advocate)     19 October 2022

It seems like this is some academic problem. This is not the forum to post such problems. Still I am answering

 

1) The petition for divorce cannot be presented before completion of 1 year of marriage. (So problem is not framed properly)

2) For filing the divorce by mututal consent, 1 year of seperation is mandatory (Again problem is not framed properly)

3) Lastly, if you nan prove that the marriage date is false than divorce can be declared as void. But again you will not be able to do so because you have already declared on oath the marriage date to be 12.06.2014 while filing the divorce application (Again poor problem framing)


(Guest)
@Alpa Jogi,
The above issue is not an academic issue. It a practical issue

Alpa Jogi (Advocate) (Lawyer / Advocate)     19 October 2022

In that case, refere to point no. 3


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