Fake marital status though divorce case is pending
c. shah...
(Querist) 30 May 2013
This query is : Resolved
A divorce case is pending in family court. Wife has made marital status as 'Divorcee' on matrimonial website for second marriage.How can Husband allege to wife as she has not divorcee status? Is it case of cheating or fraud?
ajay sethi
(Expert) 30 May 2013
she is seeking matrimonal alliance pending divorce . she cannot remarry till divorce is granted . no case of cheating / fraud is made out . she will disclose to propsective grooms at time of meeting that divorce is pending and on obtaining divorce she will marry the groom shorlisted
Adv Archana Deshmukh
(Expert) 30 May 2013
Merely showing the marital status as divorcee on a matrimonial website, without actually cheating anybody is no offence at all.
Raj Kumar Makkad
(Expert) 30 May 2013
I slightly differ with the opinion of the experts. Publication of a wife as divorcee even though she is married, definitely comes within the definition of cruelty. This can be used by husband in his favour in the pending divorce petition. He can make this as part of his evidence which may even lead dismissal of the petition if the same has been filed by wife or if the same has been filed by husband then his petition can be decreed on that ground.
ashutosh mishra
(Expert) 30 May 2013
Publication of a false fact on any website would amount to misrepresentation and acting upon the same by victim in good faith would enlarge it's scope as cheating and fraud hence not you(the present husband) but one who shall marry her believing her such published statement would get the cause of action of fraud and defence against bigamy.
Raj Kumar Makkad
(Expert) 30 May 2013
Well defined by Mishra on some new aspects.
