Cheating
k n nagaraj
(Querist) 07 April 2014
This query is : Resolved
a mentally ill women of 29 years, also divorced once, has been married by her parents into an innocent family. The mother of the woman has obtained sufficient money as alimony in the first divorce. the mother has an intention either to dispose her mentally ill daughter or extract money. what criminal charges can be made in this case.
ajay sethi
(Expert) 07 April 2014
if marriage has taken place by fraud / misrepresentation husband can make application under section 12 HMA for declaration that marriage is null and void . it should be made within period of 1 year of marriage .
i do presume that you have evidence that husband is victim of fraud
Dr J C Vashista
(Expert) 08 April 2014
1. Do you have sufficient evidence to prove that she is mentally ill?
2. Remarriage is not a crime in Indian society.
3. All families are innocent before marriage/ establishing a relationship. However, true colours are shown only after the family members deal with each other.
4. In case you know that "The mother of the woman has obtained sufficient money as alimony in the first divorce" and she has been remarried, inform the ex-husband to initiate legal action.
5. Has the circumstance developed and you have come across such a fact (that you can prove) as stated that "the mother has an intention either to dispose her mentally ill daughter or extract money..."?
Hypothetical story.
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
If the mother's intention behind the second marriage of her mentally ill daughter was to extort money, firstly, within one year on discovering that the girl is mentally ill, a petition u/s 12 of HMA can be moved to annul the marriage and after that the mother with the concrete proof can be taken into task legally either through criminal law of through police.
Rajendra K Goyal
(Expert) 12 April 2014
Husband can move to declare the marriage as null and void in one year.
