Timeframe to file case of fraud in marriage

1. If the marriage was an arranged marriage then she will fail. 
Held: knowledge of previous marriage cannot have been suppressed by man.

2. If the marriage is already consummated then she will fail.
Held: Sex in marriage brings condonation of suppression of alleged fraud.

3. If they both lived as husband and wife then she will fail.
Held: Resumption of marriage between them.
 
Your discovery of Law is right but she is alleging "today" she came to know that means for her limitation starts from today not from a date set 3 years back! Hence above para 1 till 3 stated as "filing" is easy part by metro wife but what relief she actually gets is a "grey" matter for her.

I think to safe guard this type of situation, one should get sign of wife (at proposal time) on divorce decree as an acknowledgment that she know that man is divorced earlier and she marring him with good sense.

Her petition would succeed if she proves :-

i) that the same was concealed from her;

ii) she got to know about that only within the last year;

iii) she hasnt cohabited with you after that. 

The allegation of commiting fraud by husband as at the time of marriage as he did not disclose his correct marital status that he was a divorcee is no issue at all.

A decree of divorce issued by the Competent Court only changes the marital status of a person from being married to that of divorcee.

The court record is a Public record and what ever exist in the record is a Public document whose certified copy anyone can obtain anytime on the payment of required fee.

The decree of court is rule of law made by the competent court for a particular matter and ignorance of law/rule is no excuse to avoid liability. Similarly the existance of information availble in public records, that is accessible to anyone cannot be pleaded in the court of law by anyone about its ignorance or lack of knowldge about the fact.

The person who marries is supposed to check & confirm the marital status of the other person. To say the fact the husband did not disclose the divorcee status is not sufficient for seeking any relief from the court as this fact even if not disclosed but if was not specifically asked by the wife will not be enough to satisfy the ingedient of fraud or cheating on the part of the husband by any means.

Moreso being a divorcee or unmarried is not making much difference to marital status as in both cases there is no living spouse of such person, or in other words there exist no marriage of the person in question.

Thanks for all your response.

There is definitely a point what Advocate Vijay Raj mentioned here.Its the responsibility of the girl and her family to make an enquiry and about the maritial status is something available in public domain so a question of fraud does not arise here.

There are lot of judgements wherein hiding the fact the spouse was married before was considered fraud and annulment granted. Please do some research on that.

If you are on husband's side, was the marital status actually hidden? Did she continue cohabiting even after discovery?

To gather proof of her condonation, video record her threats. Also arrange a meeting with her and involving elders and neutrals (who can vouch in court) and discuss this matter. Video record this meeting. Continue cohabiting with her even after the meeting. This is sufficient to not grant any annulment.

My marriage held in Nov, 2011 where faced many humiliation form bride's family.

From Jan, 2012 once she came to Mumbai, she started her tantrums. Not fulling leads to threatening by her father. She also threatened of committing suicide.

They also hide so many facts about her like:

1. She has a loan of around 3.5 lacs

2. She is myopic of 6.5

3. She already had attempted suicide when her last engagement was broken.

They always demanded form my wife but when I come to known about this, they threaten me and my family that they will file a case of dowry and domestic violence.

On Jan, 2013 she flew to her hometown in eight month of pregnancy with all her important belongings.

She also took her transfer near to her native place Hoogly, West Bengal.

They also have a list of allegation against me:

1. Demand of dowry.

2. Mental, physical, financial torture and attempt of murder.

3. Forceful abortion in Feb, 2012

As these all are 100% baseless so I am very sure they cannot have any genuine proof.

Although initially she always threaten me of divorce but now she is absolutely against it.

But now I don't want to live with her any more.

What should I do?

Shall I go for divorce first or for fraud case?