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Sanjana   12 September 2016

Fraud

My husband has furnished wrong /false details about education and job at the time of marriage.What legal action can be taken against him for fabricating false information ?

In case i go for a mutual consent divorce will the court provide us counselling?



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 12 Replies

adv.bharat @ PUNE (Lawyer)     12 September 2016

Sanjana ji life is having various opportunities & threats. MCD is not the solution for your problem. Court need strong reason for your decsion of divorce.

Only fabricated educational qualification is not the criteria for divorce.

court will give Mediation  or consultation in order to restore the marriage and fine chance of settelemt of marriage dispute amicably.

If still it failure then proceed for divorce.

If u like my suggestion then give THANK on my profile.

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

You may file an application u/s 340 Crpc in case the information proviced is false. If the same is sunbtantiated with any false documents, then you may also file a criminal complaint pertaining to forgery.

If both of you opt for mutual divorce, the court will make a summary enquiry regarding the same. However it has no authority to go into the reasons behind the same, as per a latest SC judgement. If the consent is mutual,  getting a divorce shall not be a problem.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Nitish Banka (lawyer)     12 September 2016

A mutual consent divorce no counselling is provided by court here in Delhi, file a case of nullity of marraige on grounds of fraud.

Sanjana   12 September 2016

Ok. But the marriage is conssumated. In this case can we get the marriage annuled ? Althought its not even a year since i got married.

A walk alone (-)     12 September 2016

Can you tell me what you will get by taking legal action against him ? What punishment do you expect from court for this? Person after doing murder / rape live in open air. And you expect court do give punishment for fraud. Nothing you will get by doing this its only wastage of time and money. Go MCD. I know its difficult but believe me time will heal your all wounds .
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Mukesh sharma (job )     12 September 2016

Hi Sanjana here i agree with Mr. Bharath sir advice as per your case no ground per show that court give you divorce or your marriage null and  not valid czo it s not valid point for divorce if your want tha n you need to collect more avidence and some other good ground for divorce and here i suggest you if you talk with your family and your husband and if he was agree to give you mutul divorce than you take next step on this ground other you will find some other way only this grond i think court not agree with you 

thnks 

Sanjana   12 September 2016

Thanks for the response.But i have evidences collected from a detective agency which proved his job offers and education is false.Doesn't this hold good ?

N.K.Assumi (Advocate)     13 September 2016

You should have assigned the detecive job before marriage:why after marriage? Indians are going for marriage without LOVE  like a journey without knowing the destinations and suddenly knock the court's door for reasons best known to them. Marriage in Indian society is now commercialised and not a holy union of two in one.

Sanjana   13 September 2016

N. K Assumi. you are absolutely right. We should have done this check prior marriage .I still feel what fools we are. When a person constantly lies how can you get love ? you will only get doubt.That's when we started to investigate on him and got to know the truth.

 

Sanjana   13 September 2016

In this case annulment is better than MCD i belive. Atleast i will not carry that divorcee tag if annulment is done.

Sanjana   13 September 2016

Thanks for the Response Ramesh Singh. Yes, our marriage is registered. Like stated above i have documentary evidence to prove that he has cheated at the time of maariage.I understand every human makes mistake and i would have forgiven for this mistake.But along with the mistake there should be realisation of spoiling someone's life which he does not have, He has just abandoned this relationship and blocked us.Moreover he is not doing any job to support the family. Suggest what anyone in my place can do?

innocenthusband   13 September 2016

Originally posted by : Sanjana
Thanks for the Response Ramesh Singh. Yes, our marriage is registered. Like stated above i have documentary evidence to prove that he has cheated at the time of maariage.I understand every human makes mistake and i would have forgiven for this mistake.But along with the mistake there should be realisation of spoiling someone's life which he does not have, He has just abandoned this relationship and blocked us.Moreover he is not doing any job to support the family. Suggest what anyone in my place can do?

 

When trust is broken, in your case by having cheated you, there is an extremely low chance of the marriage surviving. Once you have kids, the problems amplify and then you face an expensive divorce suit. You don't need to forgive a cheater and a fraud. You don't deserve to be married to a fraud.

You will need very strong evidence and you should hire a competent lawyer who does not even mention of the S word (settlement). The moment they give hints of that, move to another lawyer instead of wasting your time. File your evidence and move ahead. You will not be able to annul the marriage as its reserved for extremely short marriages and unconsummated ones. You will become a divorcee but being one is a hundred times better than being married to a fraudster who is jobless and has abandoned you. Don't think of claiming expenses, just be happy to get rid of him from your life in the shortest period possible.

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