Upgrad LLM

marriage of widow

engineer

 

The bride is a widow. Bridegroom is a bachelor. Marriage conducted by hiding the facts from bride side. Child is born out of wedlock. Later bridegroom family came to know the truths. What action can be taken? Will it be a ground for divorce? Is husband liable to maintain this fraud wife? Can husband challenge this marriage as null & void?

 
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@Querist,

 

Assuming you to be a hindu and your marriage was held/registered under Hindu Marriage Act, following should be noted-

 

1.If  the time exceeded 1 year from date of marriage, No is the answer to your query.

 

2.If  (1) not applicable, you can file a petition for annuling the marriage.

 

But let me add emphasis, there is a very frail chance that the court will entertain your petition as per your given facts.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
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zz

Yes, the girl may tell that we ppl informed about my status beforehand. In such a case, onus to prove the fraud is upon u.......its very uphill task. No court wil like to nullify the marriage where a widow is involved & there is a child born out of this new wedlock
 
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ADVOCATE

tread with caution. when you hav a child from the wedlock, continue enjoiyin the bliss of married life.

 
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Freedom

@ author 

Whats the issue i dont understand after getting married you un earth skeletons for the coffin ??  youll have a kid it would be adviseable to enjoy a happy married life . Why look into the past . You have to move into the future . ANd if i am wrong please state the circumstances why you want to prove the marriage null and void as i feel the only reason is you are unhappy with the marriage . 

 

Hence you may have to go in for MCD and provide mainatence for your child and maybe for your wife provided she is not a working women .. 

 
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NA

There's no rule of 1yr from marriage. Fraud can be discovered at a later stage and case can be filed.

What you need is strict proof that she told you that she's bachelor prior to marriage.

Also, the date of discovery of the fraud by husband is important and should be proved. And case should be filed within one year of this discovery.

No cohabitation post discovery of the fraud.

 

Non disclosure of prior marriage is strong ground for annulling the marriage and there are several judgements on this. Do some research.

 

But on the other hand, not from legal point of view, if she's been a good wife and is apologetic about her fraud, consider accepting her. If she's aggressive, ditch her.

 
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