Legal Question in Family Law in India

Re: ground for void marriage

No, it cannot be a ground for void marriage nder the section 12 of Hindu Marrige Act.

Re: ground for void marriage

Desire of your wife to remaining with you is the best solution of the so called crises. Leave all things and live with her.

Re: ground for void marriage

This ground is not sufficient to declare a marriage void.

Re: ground for void marriage

1. No.

2. Better to settle with wife if she is otherwise acceptable to you.Try to ignore the concealment of fact by her as it has no material effect in marriage life

Re: ground for void marriage

marraige can be annulled on ground of fraud and petition has to be filed within One year of marraige.

Re: ground for void marriage

it is not a sufficient ground for declaring the marriage null and void. u need to work upon your marriage and accept the situation as it is.

Re: ground for void marriage

Your reason for ending the marriage is not at all strong. Any way refer sec 12 of HMA for void marriages.

Re: ground for void marriage

On the basis of what you have stated, the prima facie answer is : NO. The marriage is NOT void in law.

The facts explained by you are not sufficient for an appropriate opinion.

You may narrate the full sequence of events as to what had happened prior to marriage and after marriage; how the so called wrong information was discovered and when? and how this information has 'materially altered' your position as a husband?

In 'matrimonial law', there may hardly be any difference between a 'diploma engineer' and a 'degree engineer'. Secondly, this information could be discovered by you before marriage if you would have insisted upon examining her certificates before marriage.

If the "qualification" was a "material fact" for your consent, you were not supposed to marry on the basis of oral statement of the girl or her parents.

The facts which are "verifiable" but not verified before marriage may hardly be allowed to be verified after marriage.

In my considered opinion there is no "fault" on her part. Rather you may be found guilty of committing cruelty and domestic violence. If she comes to know of your intention, she may register a criminal case against you and may also claim damages.

If you have already discussed with her or her parents about this issue, it is better you withdraw your statement and apologize to them before it is too late. They may initiate any action against you which may be difficult for you to defend in law.

To repeat, not only that there is no 'fault' of your wife in this episode, but also you are clearly at fault in talking about this issue after marriage.

Actually, apparently, this only seems to be an excuse being used by you to get ride of your wife. You may not be able to use this excuse.