nri wife misrepresenting about her visa status
Law Querier
(Querist) 27 April 2012
This query is : Resolved
Wife from foreign country has filed divorce petition u/s. 13 (1) (ia) by making POA to his father. Husband contests the divorce case. Before marriage, wife and her family members misrepresented husband by personally and by giving fake matrimonial advertisement in newspaper that she had PR visa and she would sponsor husband in foreign country after marriage. Husband had trust on her and he did not check her documents at that time. but, the fact is that she had completed student visa at the time of advertisement. And now, she has working visa status and still not having PR visa. Husband has known about her real visa status when he see the Passport copy of wife attached with divorce petition. Husband has proof of that fake advt. in newspaper. Can husband put any allegations to his wife and his in laws about misrepresenting of his VISA status? Because husband believes that the lady had married just for herself interest
Devajyoti Barman
(Expert) 27 April 2012
The husband can highlight this issue n=but this issue alone is not sufficient for divorce.
He needs more proof of his mental cruelty.
Shonee Kapoor
(Expert) 27 April 2012
Yes, he can.
Fraud and Justice can not co-exist.
A wife who is herself at erring end can not put a petition for divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 27 April 2012
So the export of husband was aconsideration for marriage. In this regard the following rule position is elaborated
2. Definition of" dowry". In this Act," dowry" means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.- For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
999999. 1- 7- 1961, vide Notification No. S. O. 1410, dated 20- 6- 1961, Gazette of India, Extraordinary, Pt. II, Sec. 3 (ii), P. 1005.
Explanation II.- The expression" valuable security" has the same meaning as in section 30 of the Indian Penal Code. (45 of 1860 .)
Now definition of valuable security in Section 30 of IPC
30. " Valuable security".-- The words" valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
The husband can invite these allegations.
