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suprita (Sr. Application Specialist)     26 May 2010

Askng divorce from Cheat

Sir,

I got to know on the second day of my marriage that my husband has faked his degrees and had made enough fake promises. He is a total bancrupt and quit his job soon after marriage without having another job. Now he's not employed and has taken enough money from me. I would also doubt his mental stability.He used to turn so hostile that we didnt even register the marriage. I atleast want the money back that we gave them as dowry and also the money he's taken from me within 10 days of marriage. I would like to end the relation at the earliest with no further hasseles..

Any advice is of help.

Regards.



Learning

 15 Replies

Anil Agrawal (Retired)     26 May 2010

Great. With your position and knowledge you want us to believe that you were driven like a cow and tied to your husband. No Madam, no. It does not appeal to my sense.

A V Vishal (Advocate)     26 May 2010

How long have you been married ? Your marriage is voidable on grounds that material information was concealed about the groom. However you have to file the petition within reasonable time from the point you have discovered the fraud.

S.B _Kolkata (Service)     26 May 2010

Dear Madam

 

Money is nothing but the flow of a wind. If you really wants him to be your life partner, then try to make him understand , or else there are lots of way to get rid of him.


(Guest)

u can file for annulment u/s 121c hma. if u need citations i can give u. u shud not have lived wid him as wife after discovery of fraud,go ahead n do it soon.

suprita (Sr. Application Specialist)     27 May 2010

It was on 8th april 2010 we got married. 12th he resigned from job. Till 1st he's been taking money from me.

Now we dont live together.

How can i proceed further?

Anil Agrawal (Retired)     27 May 2010

I don't think you can do a thing. It is all over within 22 days. I have some sense and I don't believe the story.


(Guest)

please send ur story in detail so that detailed assessment can be done of ur case to see whether it can be taken under category fraud or not.

Anil Agrawal (Retired)     27 May 2010

It is not a joke to get annulment of the marriage. When she succeeds in getting maintenance and alimony, the gentlemen will rue the day when he married her.

Anil Agrawal (Retired)     27 May 2010

I do not buy the submission that she got herself married to a cheat. An educated and employed lady keeps her eyes and ears open and know which side the bread buttered. Members of the LCI have some sense to see through the ground that is being prepared.


(Guest)

let her prove tat in a court of law . why we shud make any assumptions. if she can prove it  then it can be annuled very easily.


(Guest)

send cpmplete story. consummated or not. total stay in his house. how did u cum to kno about fake certificates. 

Arup (UNEMPLOYED)     28 May 2010

mr vishal, mr avnish kaur & mr prabhakar's suggestions are fit to your case. you collect the citation from mr kaur - it will help you latter on.

if you do not like to post your personal details - then please do not post. instead of that you send the details to the above three as private message.

i hope they will guide you properly.

suprita (Sr. Application Specialist)     28 May 2010

It was an arranged marriage.Earlier he had told that he has done MBA from Leeds, UK. I had seen his pictures under the famous bridge. He quoted his salary to be 5.5L and claimed some investments and business partnerships and a flat in his name. We belonged to far off places and i had resigned from my previous job as my health was going down and was staying with my mother in my home town. It was only over the phone we spoke and I met him only twice before marriage. On the third day of marriage he told his MBA is incomplete as he had to come down to india for family reasons. later he lost interest to go back to UK and complete the semisters. Then he said he doesnt have any investments or policies or any kind of back up and also he married me as I would get him US visa, he can work in US and make some money. Mean while I got a well paid job in Pune and it was a mutual decision to be here and continue working. He said he too has an offer from the same organization as mine which was not true. He never gave a clear picture of any of the issues and started avoiding me for any discussion. Then i started gathering information abt his job and other background and started co-relating to what he used to say earlier. Its a complete mess..

Arup (UNEMPLOYED)     28 May 2010

Yes, such types of things happened and these types are increasing rapidly.

Concerned act(HMA):-

12. Voidable marriages.

(1)   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

(c)   That the consent of the petitioner, was obtained by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the       respondent or

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the      ground specified in clause (c) of sub-section (1) shall be entertained if- (i)      The petition is presented more than one year after the fraud had been discovered

(ii)   The petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife, after the fraud had been discovered;

13. Divorce.

(1)   Any marriage solemnized, whether before or after       the commencement of this Act, may, on a petition presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ia) Has, after the solemnization of the marriage, treated the petitioner with cruelty.

 

samething available for special marriage act also, under diffrent sections.

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