Rakesh Mitra (Executive) 03 June 2011
I was get married last Nov'2011.Last month I knew a fact about my wife.I knew that she is 2years younger than me;but actually I am 2 years younger than my wife.At the time of registration she presented and submitted her DOB document,that was decorated.Also she hide her marital status.She was "annuled"After knowing all these I am really upset.However,Is this a criminal offence?If so,then in which section of IPC??Please let me know.
Saurabh..V (Law Consultant) 03 June 2011
@Rakesh
Your case falls in the category of fraud. Your wife has played fraud on you and your marriage can be declared void on the ground on "fraud" by the competent court.
You should approach the competent court for a decree to declare this marriage as fraud and void.
Also it is a crime and it amounts to cheating. You wife can also be charged with cheating.
//peace
/Saurabh.V
Rakesh Mitra (Executive) 03 June 2011
Thanks.Can you say in which section?
Suchitra. S (Advocate) 03 June 2011
It is covered under S.5 of hindu Marriage Act.
Rakesh Mitra (Executive) 03 June 2011
But our marriage happened under special marriage act,1954.
Suchitra. S (Advocate) 03 June 2011
Then you can ask for nullity and annulment of marriage under S.24 and 25 of the Special Marriage Act, 1954.
Rakesh Mitra (Executive) 04 June 2011
Can it be treated as forgery under section 466?
syed (Branch incharge) 04 June 2011
What do you want to do,
you want to divorce her because she hide the age and you are younger than her, then my suggestion is please dont do that
If you have any marital problems then thats upto you
Suchitra. S (Advocate) 04 June 2011
I agree with Syed Sir. As you asked as to which section applies, I have answered. But think twice before taking any steps. Wife being two years elder to husband should not pose any disturbance in marital life if other things between spouses are fine.
Rakesh Mitra (Executive) 04 June 2011
Syed Sir,I have no problem with age but she should tell her actual marital status.is it not cheating?I think I shall never trust her.
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