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Divorce

Hello,

I would like to know if I can file a criminal case against my son-in-law who is a gay which he & his parents did not reveal it before marriage. It is second marriage for my daughter & son-in-law & my daughter is put into hardship to get settled in her life again. He is not willing to pay any damages caused to her by cheating.

I would appreciate an early response, as one year of marriage will completed for July next month.

I would like to file a case next month.

Thank you.

Kumar

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2 Replies

Adv. Chandrasekhar (Advocate) 18 June 2011

you must hurry up. Not you but she (your daughter) can file a case. A fraud has been perpetrated against the wife. She is entitled to seek annulment under Section 12 (1)(c) of the Hindu Marriage Act. But this case has to be filed within one year from the date of knowledge of the fraud. Annulment is different to divorce and in the former, if the decree is granted the parties will be put forth in the same stage prior to marriage as if no marriage were held. Regarding the compensation for the loss caused, once you contact the advocate, he will telll you the methods in which you can recover the marriage expenses and maintenance, if she is entitled as per the prevailing law.