LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sachin Gulyani (Student)     07 September 2015

False birthdate by husband

Dear Members, 

Please read the case study below and guide me:

I am a wife married to my husband on 27/01/2007.  I am not sure if marriage is registered or not as it was a love marriage against the family.  My family filed FIR for kidnapping and after that I accept in the court that I married my husband.  I do not remember other than this.  I am also not sure about marriage registration or not.

Now today in 2015, I want a divorce and we are not together since 6 years.  Now my husband got a passport issued in which his date of birth is 21/03/1988.

Now my question is if his dob in passport is correct then he is not of 21 years at the time of marriage as required for marriage. So he was a minor at that time.  Looking at this case it seems that he either has forged his dob for his marriage registration or for the passport.  This is very clear.

I would also add that he would be something around 35 to 38 years at this time.  He is a kind of person who can forge anything.

Please suggest how can I use this information for getting divorce?  Following things are to be considered:

1) He was a minor at the time of marriage.

2) He forged either marriage registration or passport.

I already filed for divorce under section 13.  For voidable marriage only a minor can file for nullity and I was not minor at that time.  I was well above 18 years.  Could I ask for divorce on the grounds of forgery? or can i file for nullity? 

Please take a note that I am not interested in harassing him and stretching the case unnecessary.  What I need is just a divorce and nothing else.

Please comments your expertise knowledge.

Thank You in Advance



Learning

 6 Replies

Sachin Gulyani (Student)     07 September 2015

Please comments guys..

saravanan s (legal advisor)     07 September 2015

file a contested divorce on grounds of cruelty and desertion

Jothish Kumar (Consultant)     07 September 2015

Desertion for more than 2 years, you are eligible to file a divorce suit.

Also

If you dont hear anything from him last six years and received anything or dont know the where about of him for the last 6 years ( ie may you know where he is but there is no documentary evidence to prove it) wait for one more year. When attained the 7th year you can approach court to get a divorce decree.

Reply from a Guy :)  Sachin a small advise this is a public forum use appropriate words to address members, you can use the word member rather than "Guys" .

Sachin Gulyani (Student)     08 September 2015

Dear Jothish Kumar:  Sorry for using unprofessional language of using "Guys".

Dear Saravanan and Jotishkumar.

I think you didn't get my query properly.  Husband was minor at the time of marriage if we consider passport DOB.  I do not have marriage certificate.  If he would be having marriage certificate then either he had forged DOB for marriage certi or for passport.

According to Child marriage Prohibition Act, 2006, if any of the spouse is minor at the time of marriage then it is not void but it is voidable if the minor spouse wants to void it.  Now the husband was minor at the time of marriage and he does not want to make it void and wife wants divorce.  What can be done by the usage of this fact?

Please have a look at section 12.

Section 12 Voidable marriages :- Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

  1. that the marriage has not been consummated owing to the impotence of the respondent; or
  2. that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
  3. that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
  4. that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Notwithstanding any contained in sub-section (1), no petition for annulling a marriage:-

  1. On the ground specified in clause (c) of sub-section (1) shall be entertained if:-
    1. the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
    2. the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
  2. on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied:-
    1. that the petitioner was at the time of the marriage ignorant of the facts alleged;
    2. that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
    3. that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

The highlighted points above mentioned that if forgery is happened or if any facts are concealed during the time of marriage then it can be nullify.

In my case, husband has forged his DOB either in marriage certificate or in Passport.  If marriage certificate is there then according to Passport DOB he was a minor during marriage.  Wife was not aware about the husband's DOB.

Can a wife get the marriage nullify on the basis of fraud discovered by her at this point of time?

 

Please Comment.

Sachin Gulyani (Student)     08 September 2015

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
(1) Either spouse was already married to someone else at the time of the marriage in question;
(2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
(3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
(4) Either spouse was mentally incompetent at the time of the marriage; 
(5) If the consent to the marriage was based on fraud or force; 
(6) Either spouse was physically incapable to be married (typically, chronically unable to have s*xual intercourse) at the time of the marriage;
(7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
(8) Prisoners sentenced to a term of life imprisonment may not marry.
(9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a s*xually transmitted disease)

 

can forging DOB will come under point 5.??  

Experts please help..

Sachin Gulyani (Student)     09 September 2015

Experts, Please advice.  Awaiting your feedback since a long time..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query