Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Happy Feets (EXECUTIVE)     06 February 2012

Husband lied about his age before marriage

I have recently got married 2 months ago in Nov.I had an arranged marriage.The person (my brother-in law now) sent my husband's bio-data & photographs through his mail on Sept 2011 to mine id.He mentioned his birth date as 1980.I am 7 yrs younger to him.We liked his profile and went ahead with marriage.

After our engagement,we both met only once that too along with his family.Actually I was not allowed to speak to him personally by his family .Even I thought he was shy,things was otherwise.His family forced us to conduct our engagement within 1 week and marriage within 1.5 months of engagement.

Now after 2 months,as he is settled in Gulf.He sent me his Passport Copy for visa processing.I was shocked to see his DOB as 1975.When confronted he replied as clerical mistake my passport agents.He is not ready to show me any document which would prove his DOB.Now he is saying that he is 1976 born which he says he cannot prove.As per his Passport DOB I am now 12 yrs younger to him,which is not acceptable to me mentally and other ways.And biggest thing was he and his family fooled me for 2 months.

They made me sign the marriage certificate form without my knowledge of his DOB of 1975.They just asked me to sign the document and I signed (all the 3 witness were from their side).

Now my concern is ...I cannot digest the fact they fooled me for 2 months.I am confused as what to do now.My family is very supportive and are asking my husband for other documents.He is not ready to give as he thinks a man is not required to show his documents to women.

I have chat records of his confessing to me that they have cheated me. We have spent lakhs of hard-earned money in my marriage.

Can I legally sue him and can I recover all my marriage expenses which are worthless?????

Please Help....I want to punish them ...They have cheated me..my parents...and degraded female existence.....


Dshetty.....



Learning

 20 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 February 2012

You cannot sue on your husband only on the basis of the date of birth is wrongly shown to you.  Except date of birth is there any differece of opinion between you and your husband and are there any reasons to go for divorce? if so you can proceed.

Adv. Vaishali Karloopia (lawyer)     06 February 2012

here correct was concealed. I'm sure other facts also concealed from you. Behave friendly and pretend as if you have accept everything. Try to extract their plans. After that sue these people in court. Contact good lawyer. Put 2-3 criminal cases on him and send whole family behind bars. Good luck.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 February 2012

Dear Querist,

The Concealment of the date of birth - is really a material circumstance that vitiates your consent. that means in ordinarily parlance your consent for the marriage was obtained through misrepresentation and fraud. You can move the court for annulment of marriage on the ground of lack of free consent. This you have to do within 1 year of date when you came to know about the fraud, and another condition is you should not have resumed cohabitation with him after the fraud came open. Apart from that your case seems to be well documented - you can file a suit for damages for the fraud played upon you. 

Feel free to seek any clarifications.
Best of Luck !
BharatAdvocate (Delhi)Convenor : Lawyers for Social JusticeTel : 9810553252 (only 6 to 9 PM) 

H. S. Thukral (Lawyer)     06 February 2012

 

 In matrimonial law when fraud is spoken of as a ground for avoiding a marriage, it does not include such fraud as induces a consent but is limited to such fraud as procures the appearance without the reality of consent. if there was misrepresentation at the time when consent was obtained from one party to the marriage by the other party, if the solemnization is not vitiated by any fraud or force, there is no scope for seeking annulment of the marriage. The fraud must of  must be of such a nature which affects ordinary marital life of the parties.

In my opinion  the communication by  brother-in-law of the groom  his DOB, does not come within the purview of 'fraud' in section 12 of the act. You may not succeed in suing him either for divorce or annulment of marriage.

Beyond law I  would say that If the boy is healthy and loves you,  such age difference would not come in the way of your happiness. Think it over. It is only adjustment of your mind.     

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     06 February 2012

Dear Happy Shetty,

While I understand your predicament of being misled  about your husband's date of birth, I wonder as to why you think it   such a big fraud  enough to even break your marriage.  Are you prepared to change your name as "UNHAPPY"  for ever by indulging into futile litigations which would ultimately benefit only some lawyers  ?  As has rightly been advised by Shri Harbhajan Singh Thural ji,  if  other things are okay, the age difference of few years would not make your marital life much different.   In fact, I know many families living happy and fruitful marriage lives inspite of wide age differences between husband and wives, ranging between 10  and 22 years ! So, 12 years' age difference should not be made as such a big issue  to ruin your marriage for which both the parties might have  made lot of sacrifices.  Apart from the above, you have no sound case for obtaining a decree of divorce/annulment of marriage on the grounds advanced by you.  Morever,  Legal remedy is not a solution  for every minor frictions in family life and one should have lot of patience and understanding to make the family life happy and lasting.  Yes, it is wise for you to revisit your own mind  and make amends to your revenge mentality  by the languge of love.  Best Wishes.   

Jamai Of Law (propra)     08 February 2012

Adv. Bharat has given you a great advise and info.

 

 

You now have the data on his DOB and his passoprt no etc.

 

 

Do you have material proofs that your hubby, before marriage, told you a wong birth date of his?

 

 

Some material proofs as to sharing of horoscope etc vide email etc and some written material on the same.

 

 

Now he may take a stand that he had indeed told the correct birth date as 1975 and you did consent to the age difference of 12 years.........Then you can not prove his fraud.

 

It is also true that "12 years' age difference should not be made as such a big issue  to ruin your marriage"

 

Are there other facts which sound fishy .... check what kind of job is he doing there in gulf.

 

 

 

Now a days everything is possible with NRIs.

 

 

Almost everyday we get to hear some such stories in Punjab, Gujarat and AP of NRI cheating Indian brides(highly educated) and her parents

 

Happy Feets (EXECUTIVE)     08 February 2012

Dear Mr.Bharat,

First of all,I have the mail sent by his brother on Sept,2011 before marriage that is DOB is 1980.After marriage in Nov 2011 he shows me his passport by my forceful request stating 1975.And his recorded written chat conversation with me in gmail where he confessed that they lied to me and my parents as they feel its very common that a MAN can tell lies about his age during marriage....

And after he showed me his DOB in passport,he is confusing me by telling me that his DOB is 1980...then he tell that he is of 1975...then he tells my parents that he is of 1976...now i am confused whats actually is his DOB???

Now I am in Mumbai and he is in gulf...he is asking me to send the marriage certificate(which I was made to sign without my knowledge of his DOB :1975).

I have told him ,I will not send him marriage certificate untill he shows me his educational proofs,birth proof and salary proof which is my right to know as a wife....But his family says that a MAN doesnt need to show his documents to a WOMAN even if she is his wife...

I am annoyed by this old fashioned MAN centric dialogues...why is he hiding educational documents from me and does not show his birth proof...he is only insisting me to come to gulf...which I am not ready without seeing his documents....

Now after so many days.....he drops me a message that " he will not show me any documents ...think whatever you want "....

what should i do now????

 

 

 

 

Happy Feets (EXECUTIVE)     08 February 2012

Dear Mr.Rajeev,

 

Why cant I sue him on the basis of the date of birth??? I am not mentally prepared to live with a person 12 yrs older to me...when we asked for horoscope ..they said they dont have it...

 

It has been 19 days now i got to know from his passport about his DOB....now even after that he is confusing me by saying his DOB as 1980...then 1975 ...and now as ....1976....how can a person confuse me with 3 birth years....and he is not ready to show me any documents.........

Happy Feets (EXECUTIVE)     08 February 2012

Dear Mr. Harbhajan Singh Thukral,

how should i believe that he loves me....he has fooled me for 5 months saying 1980 born ....now as i caught him now ...he is running like a thief instead of sitting and consoling and saying me some hopeful words....

Instead they are degrading me saying a a MAN can tell lies about his age during marriage....and....a MAN doesnt need to show his documents to a WOMAN even if she is his wife...

 

How would i trust him or respect him..?????


(Guest)

If you don't trust him, file for annulment/divorce. No point in arguing on the forums. If you think age is very important for your marital life then its important. So, go ahead and contact a good lawyer and file appropriate annulment cases. But don't file false cases please.

Your under a false notion that India is men centric. There are so many women who lie about everything from mental illness to marriage gifts to dirty habits. India is stupid country with useless women centric laws (DV, 498a, maintenance , adoption rights etc etc). Infact 99% cases filed by women are  false cases . so go figure it out.

File for divorce/annulment if you don't like(age, trust, honesty). My 2cents.

 

H. S. Thukral (Lawyer)     09 February 2012

Look around. You will find lot of couples with age differnece but Happy ( Not shetty).  Just inquire what is age diff. between two leading cine stars who are due to marry in near future. 

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     09 February 2012

Unfortunately, it appears that your intelligent mind started working only after your marriage.  One fails to understand as to why you did not make even ten percent of the investigations which you have now  undertaken to find out your husband's true age, income,qualifications, job, etc., before agreeing to marry him.  Any reasonably prudent girl would  have found out such details before marriage itself and NOT after the marraige as has been done by you. 


In any case, it is your life and if you determined to break your marriage, instead of wasting time on this Site, you are well advised to get in touch with a competent lawyer  to move ahead the matter.

Democratic Indian (n/a)     09 February 2012

Advises by Harbhajan Singh Thukral and A. A. Jose have substance from legal perspective as well as from practical view point. Telling wrong dates of birth to conceal real age of son or daughter is a common practice prevailing in arranged marriages. It is common knowledge that many people give wrong dates of birth for their children in school records in order to reduce the officially documented age. I am not supporting such practices but it is an unfortunate fact we have to deal with. The facts mentioned by the creator of this thread are kahani ghar ghar ki and not worthy of running around in courts and fighting court cases.


As far question of age differences in marriage is concerned, this is the affect of the western culture's obsession with age and looks. My grandfather and grandmother both from paternal and maternal sides did not even know their dates of birth or age and were happilly married without these mental complexes of age etc. Their age differences was probably at the very least 10 to 20 years. If anyone wanted to know their date of birth, all they knew was only the season of the year and the activity that was going on in the village when they were born! Like it was basant season and harvest was going on! Thats it about date of birth and age!

HK_Jain... (498a Fighter)     12 February 2012

 If you think age is very important for your marital life then its important. go for MCD


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