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(Guest)

Doubt on wife education

HI 

I am recently married for 2 months. My Wife told she has done BE. She gave samething in Matrimonial website. She printed the same qualifications as same in invitation letter.  

 

But now I found out that, she has not done BE and infact she is just 10+2 passout. 

 

Please help me. Can I put cheating case on her and her family? Can I take divorce on this ground?



Learning

 10 Replies

kalyan (engineer)     05 February 2013

You can file a cheating case provided you could prove the same. She could easily say that it was a printing mistake in the invitation and the matrimonial page creator did a mistake. From my little knowledge on Indian penal code, there is no ground for divorce according to the rules written in our law book.

Pooja Patil (manager)     05 February 2013

there is case law from kerala court , where marriage was declared null and void as husband had misrepresented his educational qualification kindly search for that.

sagar jadhav (employee)     05 February 2013

Hey

Sorry to interrupt

my wife was having 1 brother who was pshycho

 

she did not mentioned it in profile

can I file a case?

Rahul Kapoor (Legal Enthusiast)     06 February 2013

hello,

its better not to file a case and sort out the matter by discussion.

 

regards-

rahul.gogreen@gmail.com

Sudhir Kumar, Advocate (Advocate)     06 February 2013

She was not bound to state about health of her brother.

 

Did you marry her on the consideratin that being BE she will earn well.  And not you found that she is on 10+2 and would not earn as good as BE so you want to get rid of the marriage. If so please read the definition of "dowry"


(Guest)

@Sudhir sir,

Do you mean guys should not have any dreams about wife's education. Do you mean looking for a working woman is equal to asking dowry? Do you mean that, once marriage over, if something truth is revealed later, is it not like cheating and breaking trust. 

It is question of mutual trust between couples and their relatives. 

Sudhir Kumar, Advocate (Advocate)     07 February 2013

One can expect well earning wife but if he discovers the wife is not able to earn so well as he expected and walks out of marriage, then the expected earning of wife is considertaion for marriage. That is the reason I requested you to see defination of dowry , before you creat unwanted trouble for yourself. The definition is  in section 2 of the Dowry Prohibition act.


The defination is that :-


In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly.

 

(a) By one party to a marriage to the other party to the marriage, or (b) By the parent of either party to a marriage or by any other person, , to either party to the marriage or to any other person,

 

at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

 

3[***]

 

Explanation II.—The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).



V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     07 February 2013

IF SHE IS GOOD AS WIFE, EXCEPT HER QUALIFICATION, and both of you can enjoy life, do not go for Legal Fight. 

If u r not happy woith her, and cannot live together, in co-ordial relationship, raise this point and try  for Criminal as well as Div Petition  for misrepresentation .. 

Edu Qualification  is not that impoertant for Happy married Life. If u r aggirved, you have to prove that from the date of knowledge, you have no relation of h-w and you did not ratify  it. If u continue cohabitation, you cannot clain Ed Qual as dispute. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 February 2013

If one partner tells lies before marriage about his or her own educational qualifications, the other has a right to come out of the marriage. Whether a wife without educational qualifications can be good or not or whether one expected the other to work and earn are not the questions.

As for the question of being a psycho, if the wife herself was a psycho and the fact was suppressed the husband has a case. But if only the brother of wife was a psycho, things become different. If the brother was a psycho, will it affect the married life of his sister? It is difficult to prove that.

And educational qualifications are not for only earning income.

Sudhir Kumar, Advocate (Advocate)     08 February 2013

Yes husband is not always dowry seeker.  Then why he should walk into such a false allegation. Why he should risk enhancing his misery from a law which is apprently one sided.

 

If he is sure then he should file the suit for divorce


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