Wrong d.o.b - marriage
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
Hi
My wife has given wrong date of birth everywhere starting from her educational certificates to passport.
She hasn't be hold on to the pregnancy and had miscarriages. Now, After 3 years of marriage I got her duly certified birth certificate (Bearing her father/Mother name and mother thumb impressions) which reveals she is one year older than what she claims or is there in all other documents till date.
Can our marriage be null and void (Annuled) on the basis of this misstatement or hiding of this fact.
Do all her degrees/education can be claimed null and void.
Please help
M/s. Y-not legal services
(Expert) 21 September 2011
Whats your problem now? Is wrong date of birth in educational certificate cause any problem to your matrimonial life.. I can't think that its that much issue to claim your marriage as null and void.. Giving wrong date of birth for education purpose for usual one..
Shailesh Kumar Shah
(Expert) 21 September 2011
answers of all question are negative. Marriage and education degree have not any effect of wrong date of birth.
mahendrakumar
(Expert) 21 September 2011
such difference in dob in school certificates and actual are very common in india,as during school admission,birth certificates were not insisted and the dob was simply noted as declared then.
the initial error in dob is continued in all subsequent documents unless corrected.
as such nobody can be blamed for the same.
Advocate M.Bhadra
(Expert) 21 September 2011
Your marriage would not void and education certificate would not cancelled.
Guest
(Expert) 21 September 2011
your marriage only on the basis of this wrong mentioning of the date of birht will not be declared void as this is not the groung to declare null and void of marriage.
Raj Kumar Makkad
(Expert) 21 September 2011
Are you serious? It seems you are in search of reasons to get rid of your wife. You are completely fail at least in present issue.
Khaleel Ahmed Mohammed
(Expert) 21 September 2011
Had you asked before the marriage about her age and date of birth,if she stated false, then such marriage would have been void.For Muslim marriage, it is a purely civil contract between man and woman, the rules of contract law totally applicable. But Hindu marriage, it is sacrament.
Guest
(Expert) 21 September 2011
What link do you want to establish between date of birth and legality of marriage?
Shastri J.K.
(Expert) 21 September 2011
I agree with Experts opinion.
Querist :
Anonymous
(Querist) 21 September 2011
Sir, whether its not case of cheating that she stated wrong age before marrying. Its breach of trust.
Now, after the problem with the pregnancy, we have traced that she is overage than claimed.
Age difference is secondary but concealing and not disclosing same at the time of marriage is not good.
Is this not a legal offence ?
Khaleel Ahmed Mohammed
(Expert) 21 September 2011
Yes, it is totally misrepresentation as per contract law on the part of your wife. I totally agree with your problem understanding and feelings.
Querist :
Anonymous
(Querist) 21 September 2011
Sir, is this comes under any civil/criminal or marriage offence. Kindly let me know the relevant seciton(s). Thanks
Guest
(Expert) 21 September 2011
It seems you have decided to disturb not only your own mental peace, but also your wife's mental peace. Nothing can be done, if you have so decided.
The question arises, if you wer so concerned about her D.O.B., why did not you verify with the help of her birth certificate or school leaving certificate, etc., before giving consent for your marriage?
Another question, does only the D.O.B. the criteria for solemnising a marriage?
These are just two sample questions, but when you file a case in the court of law, several such questions would be posed on you by the respondent's lawyer.
Not only that, if you want to get divorce, you would also be liable legally to pay maintenance charges to your wife till life.
If ready for all these things, must go ahead for filing a court case against your wife.
Khaleel Ahmed Mohammed
(Expert) 21 September 2011
Both civil and criminal remedies available for you.You can file civil suit to declare the marriage null and void.Further you can file cheating case under section 420 IPC. Burden of proof lies at your shoulders.
Rupam Ghosh
(Expert) 21 September 2011
It is so clear that you are highly prejudiced against your wife and you just want to take revenge with her for your vested interests and you want to take help of Lawyers here to spoil her. Please clear yourself this is not a platform to learn malicious tactics rather a platform for genuine suggestions for genuine problems. You need peace rather than legal opinion so better go to a temple and pray there.
Querist :
Anonymous
(Querist) 21 September 2011
Rupam Ji
Thanks for the advice but Sir i feel you have been too harsh here. We should be very professional here, not be preoccupied based on our assumptions and maintain the decorum of the expert status.
Thanks Sir
girish shringi
(Expert) 23 September 2011
Dear Anonymous,
You have to prove malafide intention of your wife for hiding the DOB.
Arun Kumar Bhagat
(Expert) 03 October 2011
No case of 420 IPC if no wrongful loss and wrongful gain is caused.
