Nullity of Marriage

Querist : Anonymous (Querist) 14 March 2011 This query is : Resolved
Hi,
Please could you advice me on the following.

I was married on 21st Jan, 2011 in Coimbatore. The age of the girl which was told to me and/or guardian is 15/07/1982. I am working in Chennai and the girl stays in madurai along with my parents. She was staying there as I was sorting the place of stay for both.

We had stayed together only for 15 days. It was an arranged marriage and the the marriage has not been consummated yet.

I discovered from the certificates of the girl that the actual date of birth was 15/9/1975.

This makes the girl 5 years elder to me. The girl and the her guardians had concealed the real age of the girl. To add to this the girl has also applied for the new passport with the fake date wherein she already had a passport with correct date of birth.

Once I have known this truth, I have dis-associated from her. I am thinking of filing a case of nullity of marriage on the grounds under section 12(1)(c) of the HMA. Me doing this becoz, had I known the real age, I would not have given the consent for marriage.

Please advise.

Thanks

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Devajyoti Barman (Expert) 15 March 2011
When you have already decided to file a suit for divorce then there is nothing to advise. Now concentrate on your case.

Querist : Anonymous (Querist) 15 March 2011
Thanks Devajyoti...

I have not decided yet. I am thinking.. I am really confused if this a real good case to go forward with.

That is making me ask for a advise.

Also please could you give me tips of how to go about the case.

Thanks

ESTHERPRIYA (Expert) 21 March 2011
You can file the case in court to declare the marriage as null and void based for concealment of age. Then you have to preserve those documents of date of birth certificate to prove it.Here the documents alone speaks good for your case.

In case you need any clarification contact us at -
M/s.S&P Law Associates
Law Firm at Chennai
Phone : 044 - 43302424
Cell: 9840729285
Email: sandplawassociates@gmail.com
Website: www.sandplawassociates.com

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