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Anil Kr Garg (Business)     06 September 2016

Misrepresentation in arranged marriage

In an arranged marrriage between an Indian girl and an Indian American boy, boy side mispresented several aspects like his income, his eye-sight (by wearing contact lenses), his baldness (by wearing wig) and so on. Marraige took place in India and was later, again registered in USA as well.

Question: Can the girl file criminal charges against the boy for mispresentation? If so, whether in India or in USA? Could you kindly give some instances as well.



Learning

 3 Replies

Nitish Banka (lawyer)     06 September 2016

Both India and Usa have jurisdiction consider going for annulment of marraige.

Adv. Nitish Banka

9891549997

Vijay Raj Mahajan (Advocate)     06 September 2016

The wife can seek annulment of marriage in India if the marriage got solemnised in India. If it was Hindu Marriage, both parties were Hindus and domiciled in India, than the Hindu Marriage Act,1955 will apply to them and the annulment of marriage proceedings on the ground of commiting fraud for obtaining consent for marriage can be used for the purpose. The American groom may not be Indian domicile will always oppose the applicability of Hindu Marriage Act,1955 on him.

The annulment of marriage in USA can be filed if the marriage was regstered in USA, the US court will have jurisdiction on the ground of residence of the parties there in the State where the annulment of marriage proceedings is filed.

The criminal complaint for cheating can be lodged in India but the misrepresentation that you state about the groom seems not to serious that will be of much help in putting the person behind the bars. More so the accused staying in USA may not appear in Indian court or before Indian authorities for investingation and interogation purposes that will hinder the criminal proceedings in India.

 


(Guest)

Given the specifics of this case, filing criminal charges seem a colossal waste of time and may not even fly far. Wearing contacts, wigs etc. are very minor, commonly done and not considered cheating. Most importantly, it is impossible to prove. Best thing is to just go for MCD in India with as little legal process involved. Filing any other cases like cheating, DV etc. and making it a legal battle will be as damaging to the girl as the boy. 

 

So think about it. Which is important to you? The girl's welfare or the boy's imprisonment. If girl's welfare and future are important to you, jsut take annulment or MCD, forget about that rogue and let the girl marry again with another, this time properly verified guy with good credentials.

Good luck,


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