Counselling needed

Seems a straightforward brief;

1. Under Hindu Marriage Act. The Act, 1955 enables a petitioner (herein your sister) to avoid a marriage if the consent was obtained by force or fraud as mentioned in S. 12 (1) (c) HMA.

The fraud must be:

- In relation to the nature of the ceremony (this is not the case here)

- In relation to any circumstance concerning the opposite party (your sister's husband herein which is case in hand).

2. Your sister cant take fraud as a ground for divorce if the fraud was discovered a year before filing the case. Whereas you say here that they have been married only from last 1.5 months and discovery of fraud is fresh (just a fortnight old) so she sems to has a good case in hand.

3. Most important first step, your sister should be asked to return back and stay at her natal home now since if the parties have been co-habiting after the knowledge of fraud, the petitioner (your sister) cannot take it as a ground for matrimonial relief.

4. The Bank official, reference company and marriage registrar have to be made as witness to prove case of fraud in marriage in your sister’s favour.

Consult locally via reference an Advocate and apply under above grounds annexing documents her husband provided and collaborating with witness statements on which rests the whole case of fraud.

hi akd,

First of all it is a clear case of fraud under hindu marriage act . To hide a material fact , and you can asily file a divorce on that basis. Now the second criteria is that the knowledge about that fraud shouldn't be more than 1 years ,in your case its 1.5 months so this is also not a problem for you. But first you should ask your sister to get back to her natal home because cohabitation after discovery of facts can make you case weaker . For further query contact.

abhi(dot)kumar9law@gmail(dot)com

But one thing i would like to suggest first consult with your sister about this. If She is fine with this fact then you should not go for the intense means like divorce . And if you are not filing divorce then make sure about the registration of marriage. 

Brother Gowda, all matrimonial issues donot end up in dustbin of Section 498a IPC only. A 1.5 month old married girl’s life does not get any more benefited by visiting ALD HC and adversial mediation circles therein for next 3 - 5 years. When she was not tortured for dowry and or IPC related mental cruelties as per her own brother’s facts before us why peddle to all queriest girls Section 498a IPC cough syrup? Can you explain for my similar client’s benefits what made you push this IPC section via-a-vis presented facts?

why you are not responsible for spoiling a life of your sister, first u believed it, now u are interferring in their life, 

it will backfire, if u really want to make your sister happy u should find it before, how u wake up now, did he done anything wrong with your sister, see your sister then go legally and social........

Thanks to everyone who responded, it really helpful.

My Sister is now living with me from last 15 days, since when we discovered about the facts. I have heard that case of divorce can be fined only after 1 year of separation; however it seems now that in our case we can take the steps straight away.

May I request contact details of some legal adviser in Indirapuram, Ghaziabad (UP) area for further perusal of this case.

@ Jaswant: Unfortunately I am responsible of spoiling my sisters life. We did some verifications before marriage and was made fool. It’s after the marriage while living together my sister started realising that there are some hidden facts. Before marriage we haven't demanded the bank statement of the guy for his income verification but we have to do it when doubt was raised. When we got a fabricated bank statement then we started validating everything, but yes it’s very late now. I blame myself that I should have done that before but now when we have discovered the fraud I don’t find my sister in a safe custody if she is with him. She is back with us because we can’t take any risk now. As of now she has not been tortured but we are not sure of the intentions behind the fraud. And we can’t wait for torture to happen. The couple of points i mentioned in this forum were just few important point in order to take advice. There are lot of other issues and mental torture that our family and my sister have been going through during last 6-7 weeks.

Regards

AKD

I have one more very important question. Few Facts related to this question is below:

1. The marriage took place in a district of Eastern UP (Gorakhpur). The parents of girl live there.
2. The boy's family natively belongs to Gorakhpur however they are settled in Kolkata.
3. I am brother of girl who lives in Ghaziabad, UP and before marriage my sister has been living with me since last 8 years. She is back with me now after we have discovered about the fraud.
4. The boy lives in a rented House in Ghaziabad, this house was taken on rent after the marriage.

The question is that where can and should we file the petition?

Regards
AKD

Sir, jurisdiction is that of Ghaziabad District Courts.

[If it helps donot ever feel sorry, you did what you were meant to do at that time. If her life can be re- started asap let us pray for her better tomorrow.]