Upgrad LLM

possiblity of dissolution/ nullify the marriage u/s hma


Respected Experts,

Seeking experts views and guidance on following :-

I , along with my parents (mother and father of 70+ years of age) am facing Police Case u/s 498A and DP act 3 & 4  filed by my Wife.    This is only to harass us as we did not agreed to unrealistic / and foolish demand of my wife and she is well supported by her parents, i.e. my in-laws. FIR was drafted by seasoned advocate, Allegations are very vague,  generalized and   omnibus type , carefully crafted to create grounds for 498a and DP act 3 and 4. Police investigation is closed and , charge sheet submitted, based on only witness statement testifying verbally.  no material /documentary evidence, no MLR.

We do not have any child out of this marriage

In spite of us very nice towards my wife and my in-laws this matter is filed on concocted grounds and without any valid reason, so I investigated her past and shocked to learn that She was married earlier. (This fact was not disclosed to us at time of marriage negotiation with me)., and there too just after three months after marriage  with ex-husband, she and her family started creating drama and finally filed case u/s 498a and DP act 3 and 4 based on similar allegation as we are facing. And this matter was closed on basis of compromise, and got divorce on mutual consent  

With great difficulty I able to trace the case details (filed earlier) and  got the certified copy of criminal case u/s 498a and Divorce Matter u/s 13b (filed against her Ex-Husband)

  In light of above facts please advice :-

  1. Will, hiding the fact about her previous marriage, be a valid ground for dissolution of marriage with me (Hiding fact of earlier marriage) .under HMA
  2. If Yes then please provide reference to Judgments  that may be helpful to me  
  3. If it is possible to dissolve / nullify  this marriage on this ground,   will my Current Criminal case u/s 498a and DP act stand.

Humbly seeking valuable guidance of experts., best regards,

 
Reply   
 
CEO

Filing of complaint under 498A in itself is a ground for divorce proceedings for the husband.
 
Reply   
 


CEO

Filing of complaint under 498A in itself is a ground for divorce proceedings for the husband.
 
Reply   
 
Advocate

The allegations in the cases would have to met on their merits. Incidents involving the former husband are of little relevance. If acquittd, the malicious prosecution would themselves constitute grounds for seeking divorce.

 
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