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Cheating / Deceive by a wife

Querist : Anonymous (Querist) 15 February 2016 This query is : Resolved 
If a girl was pregnant before marriage and by deceiving the boy gets married to him, under which sections the girl can be booked? Is this comes under cheating case?
rajagopal.s (Expert) 15 February 2016
Hi
It will be a case of Voidable marriage.
It is not necessary for the marriage to be void.

Section 12 - Voidable marriages :- Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

that the respondent was at the time of the marriage pregnant by some person other than petitioner.

There is no criminal case for this. if you wish you can annul the marriage by filing a divorce petition in the court.
Devajyoti Barman (Expert) 15 February 2016
disclose your identity to get reply as anonymous query is not replied here..
Querist : Anonymous (Querist) 16 February 2016
Thank you so much Rajagopal sir. I have filed a divorce case u/s 12 1(d) for annulment of marriage. Can I file a defamation case against her and her family? I have a DNA report that I am not the biological father of the child born to her.
Querist : Anonymous (Querist) 16 February 2016
BTW I am Ganesh from Hyderabad.
Rajendra K Goyal (Expert) 16 February 2016
No reply to query from anonymous.
Adv. Yogen Kakade (Expert) 16 February 2016
rightly answered by mr. rajagopal


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