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divya (Sr.Associate)     05 October 2013

Cancellation of marraige

Hi my name is Divya,

I am in kind of a mess and seek solution,please help. I got married the year 2011 and have a year old baby, I have been cheated with the information given to me about my husband before getting married and was not given enough time to get to enquire the facts of the situation as my marriage was through matrimony. I have sent a divorce notice to my husband but he is not willing to give divorce. I got separated with him 15 months back and am ready to take care of my baby, just want to get rid of this person. I am not sure about the mutual divorce so was checking if nullification of marriage can be done if i produce the matrimony details submitted by him which are all fake.



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     05 October 2013

If the facts concealed from you are material in nature then you can file annulment petition.  It has to be done within one year from the date of the knowledge of the real material facts.

T. Kalaiselvan, Advocate (Advocate)     05 October 2013

Adv Chandrasekaran is right in opining that the marriage can be annulled for suppression of material fact before marriage and it should be petitioned within one year from the date of knowledge about such suppression.  I think in your case it is difficult to prove the same because your child's age itself is around one year, hence definitely you should be aware of the suppressed of the facts of your husband for more than a year,however you may opt for divorce on the grounds of cruelty subsequent to you becoming aware of his real character etc., consult your lawyer and proceed.

caps (x)     05 October 2013

do the information about educational qualification comes under material facts?

2BHelpfull (Other)     06 October 2013

first see through that ur difference can get  solved within ur family as ur little child future is concered

 

the mutual divorce is fast n simple procedure for getting divorce.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2013

Dear,

Educational qualification comes under the material facts.

Advocate kapil Chandna

9911218741


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