Fraud in marriage

hi nitish Please reply Affair before marriage is not fraud . I agree. Hiding of affair before marriage to boy family . Is this not fraud? Family reputation is effect in the society. everybody asking you guys accepting after knowing fact of affair. Our family reputation gone.

see if we start pointing out that affair before marraige is fraud,then every marraige in India has a ground for divorce.If the affair continues after marraige it can amount to fraud.

Thanks nitish.

If affair is not fraud. then why  evey one hide affair before marraige . they can tell openly before marriage. Hope u got my concern.

Here is my brother case.

Case history
Brother married in month of Dec'2011.they did not had s*xual relationship in fight night.When brother approached her in fight night she said you are third person not my husband.
After one week my bother incidental accessed her email from computer(spouse place).He came to know that she got affair before marriage and she took extreme step attempted suicide also once. My brother forward those email to his personal id.
when my brother bring their parents notice. They started giving advice to my brother saying she need to get love feeling on you then only it will happen everything.
nothing happened 3 months( passed over). my brother bring notice to my parents and myself. then we talk to their parents about the issue. she agreed live with my brother in front of everyone.
my brother took her counseling from his own expenses and she attended 5 session. for 6 session my brother told his father in law take her for counseling session. but they did not attend for same.
When we asked both why they did not attended counseling . my brother father in law said why should i spend money on counseling.
after 3 family mediation happened in  3 months(june to aug) she  agreed in front of everyone to live with my brother. While in bed room she will show real face. they did not enter into any s*xually relation during 9 months married life.
Evidence we have with us
1) Email proof she got affair before marriage.
2) Counseling report say,
a) she agreed love affair before marriage.
b) she told her parents forced get marriage.
c) to live my brother she need time for understanding.
3) voice record conversation between her and my brother. she saying" you want s*x but you want have with your wife that is your principle" my brother saying "yes" what is your principle? you will have whom you like is it? she saying  "yes" .
 
4) voice recod conversation between her and my brother. she asking my brother to die and using abuse word.
5) she was in contact with the ex-boyfriend thru sms till  mar’12. My brother saw those sms in her phone.  Even some time she sms ex-boyfriend midnight as well.  We don’t have evidence but we get court order get sms list for this.
Is this evidence sufficient to get divorce for my brother?

affair before marraige has no sancity under the law,But after marraige if the affair continues then it amounts to fraud,people hide their affairs to prevent any future problems because of their past.In your case non consumation of marraige is clear ground of divorce whatever be the reason.

concealment of facts like-:

Huge difference in Income when declared before marraige and after marraige.

any spouse having affair after marraige.

huge difference in age.

Any deadly diesease.

Any s*xual diesease.

 

These are called as fraud

Oops! Did i tell you that according to sec 12... a nullity is not granted when the petitioner(you) have accepted to live with her....

 

Look cruelty is a ground for divorce but fraud is a ground for nullity...both are contradictory...

 

Concealment of facts is a ground for nullity... I wonder who advised you to file a divorce petition for fraud and cruelty...

@nitish

Can you cite judgements where annulment was granted in the two cases you mentioned viz.,

1) Huge difference in Income when declared before marraige and after marraige.

2) huge difference in age.

 

I could find the judgements related to other causes you mentioned.

concealment of age and qualification-:https://www.indiankanoon.org/doc/1015586/

Hi Chetan,

Oops!! then how we should have filed petition.

 

Hi Nitish,

How to prove non consumation of marraige ?  Blame game aleady started betwen boy and girl for non-consumation. she is telling my brother behaved abnormal  and my brother telling she is co-operative with s*x. As we understand and interacting with the girl last 8 months. she is not co-operative. We have proof  " she is asking time for understainding"  and voice record conversation between her and my brother. she saying" you want s*x but you want have with your wife that is your principle" my brother saying "yes" what is your principle? you will have whom you like is it? she saying  "yes" . 

Is this sufficeint to prove who is deney of s*x?

We dont have any other evidence. we loosing our hopes to get out this.

Hi nitish,

In front of law telling wrong age and qualification is qualify as fraud  but hiding love affair is not treated as fraud.

Non consumation of marraige is ground for divorce fault theory is not important in these cases.It does not matter that whose fault is this but the fact that marraige is non consumated can lead to divorce.

the affair that has ended is not fraud.

Is there list of fraud metioned in the family law?  Hiding love affair. In society every body  making fun on us because after knowing the fact you guys accepting. our social image is gone. who has give right to spoil other family image ?

wait a Minute.

 

Non-consummation is neither a ground for annulment nor divorce. If non-consummation is because of impotency of the respondent, it is a ground of annulment and if the non-consummation is because of denial of s*x by the respondent, it is a ground for divorce.

 

Affair before marriage is neither a ground for annulment nor divorce. BTW, why it is such a huge issue in present times, the peer pressure on youth to have a fling is over-bearing.

 

Regarts,

 

Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar