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Rajib Banerji (Self Employed)     06 June 2015

Suppressed facts during marriage

Dear Legal experts,

 

A friend of mine got married to a woman in 2013 and it was a love marriage.But his wife had supressed the fact that she was married earlier,has a grown up daughter & had not obtained a divorce from her first husband.He came to know of these facts this year.She had deserted her 1st husband and daughter who lives in another town.

 

My friend lives seperately from her eversince he came to know of these facts and wants to end the marriage.How will he do it?

 

Regards,

Rajib Banerji.



Learning

 5 Replies

saravanan s (legal advisor)     06 June 2015

he can file for annulement of marriage on the grounds of fraud - Concealing facts of earlier marriage

SAINATH DEVALLA (LEGAL CONSULTANT)     06 June 2015

yes as adviced by MR .Saravanan

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 June 2015

he may file an annulment petition before the family court against her for delaration of this marriage as null & voidn under section 12 of Hindu Marriage Act.

 

apart from this case he may file a criminal case under section 495 of IPC against her before criminal court.

 

read the section 495 of IPC carefully

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprison­ment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

Sameer12345 (SSE)     09 June 2015

@ Nadeem Qureshi,

 

The petition under section 11 of hindu marriage act could be maintainable in present case and not section 12 of hindu marriage act.

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     09 June 2015

Apart from all the above replies can the querist tell what type of a marriage it was? Let us come to the supression  of facts later on.


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