Im nri and got married 9 months ago she has done fraud to get married to me she has lied about her age around 6 years younger her education said passed all metric found out very poor grades only passed 9th grade. she has mentally tortured me, by giving me wrong foods and broken cutlery so i cut myself. and found out she is having affair with relative (jija) she acted like a virgin but found out she has body parts injection to tighten herself have proof. also didnt want children said only in the uk then took her fertility doctor she cant have children i even paid 2.5 lacs for ivf but unsuccessful. have all voice recordings of arguments etc and her father keep taking money from me.all expenses for wedding i paid they didnt pay single penny all evidence i have. i have put hindu marriage act case 12 for divorce on her, informed all authorities police nri . q. can she under fraud case agaist her get maintenance. how or what can be done to stop her getting maintenence as she fraud marriage.lodged in court. for my safety im in the UK please advise email id [deleted]
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Annulments are a bit harder to obtain than a divorce, and in order for your marriage to be annulled, you must prove to the court that you have valid grounds to be annulled.
You can escape from interim maintenance order but the same time u must proof it .
File a case of fraud and cheating against her and her family. Also file a divorce petition against her in India on grounds of cruelty adultery and hiding material facts from you.
She will try to claim maintenance but she is not entitled to maintenance under these circumstances.
Also file a case of domestic violence against her through your mother.
Wife guilty of adultery is not entitled to any maintenance
2) you have to prove that wife is having an extra marital affair
3) contact a detective agency and gather evidence of her affair
1. If age was material factor a the time of fixation of marriage on the ground of material suppression of fact you can file suit for nullity of marriage.
2. However in stead filing suit for divorce is more safer option on the ground of mental cruelty.
3. Since such suit takes time it is advisable to go for mutual divorce.
1.You have filed a petition for annulment. If marriage is annulled then wife loses the right to seek maintenance.
2. The only way to repel her claim for maintenance is to obtain a decree of annulment. Unless marriage is annulled by the court, she can seek maintenance.
See you have already filed an annulment petition against your wife in case the marriage is annulled she has no right of maintenance from you in case she files for any maintenance from you same can be contested.
You can apply to court for annulment of the marriage on ground of consent was obtained by fraud as to materials facts regarding her education and character.
You can apply for divorce against her on cruelty, fraud, mis representation, torture, and can produce all those above evidence.
The marriage cannot be annulled for the reasons stated by you.
You can file a divorce case after completion of one year from the date of marriage on the grounds of cruelty.
The facts suppressed by her are actually not material for marriage hence you may wait for one year completion and go for divorce if things go not improve till then.
Hello,
Take divorce on the ground of cruelty and adultery.
Regards
In case if you have proofs of her extra marital affairs, the same needs to be produced before court and upon convincing you will get your relief. Further, try and produce photos of her flings by taking help of external service agency viz, Private Detective etc.
A wife leading adulterous life is not entitled to maintenance.
In case if she files any criinal cases against you, immediately upon coming to know about the same, obtain Bail.
You can file your reply in the same and object to the maintenance application. Court will consider the same and may deny her maintenance
Dear Sir,
In the response of your query, if a woman claims maintenance, as wife and marriage is declared null and void then she has not any right to maintenance....you can file a divorce petition with in one year for declaration ...
Once the marriage has been declared as null and void the wife can't claim maintenance. For getting maintenance there must be legal and valid marriage. Law is very clear on this point. Wife is entitled to maintenance no other lady can get maintenance
Section 12 of Hindu Marriage Act, provides for a decree of nullity of marriage, which is voidable, on any of the following grounds:
(a) that the marriage has not been consummated owing to the impotence of the respondent. A party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility.
(b) that the marriage is in contravention of the conditions specified in clause (ii) of section 5, i.e., at the time of the marriage, any party was incapable of giving a valid consent to it in consequence of unsoundness of mind, or if even capable of giving a valid consent, such party has been suffering from mental disorder .of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or the other party has been subject to recurrent attacks of insanity.
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
However, it is significant to note that no such petition for annulling a marriage on the ground specified in clause (c) of sub-section (1) of section 12 i.e., on the ground of consent by force or fraud, shall be entertained if the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered. Therefore, where your consent in the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered.
Also remember that no such petition shall lie before the Court, in case you continued to live with the other party to the marriage as husband or wife, even after the force ceased to operate or the fraud was discovered.
In case of petition for annulment of marriage on the ground that at the time of marriage, the other party was pregnant by some other person, the court is to be satisfied that you were ignorant of this fact at the time of marriage. Furthermore, petition on this ground has to be filed within one year from the date of the marriage. Also remember, that in case of a petition on this ground, marital intercourse with the consent of the petitioner should not have taken place ever since the discovery of the fact that the other party was pregnant by some other person.
- First of all, you must have the concrete grounds in hand to file the case against her
- You shall have to prove at the court about cruelty at her part towards you.
- She can undoubtedly file the case against you where police may harass you, in that case, you shall have to take AB to safeguard yourself and your international status.
- If you are permanent residence at UK, do file the divorce petition there and get the Divorce decreed in India for better safe.
- The rest of the details can be shared once you have all the input of your matter, feel free to connect for further discussion.
Regards
Vivek Arya
1. She can file a maintenance case against you which you shall have to contest fittingly.
2. For denying her maintenance, you shall have to prove before the Court that she has fraudulently maqrried you and also have extra marital relationship and get the decree of divorce.
3. If divorce is granted on the above grounds then payment of maintenance can be escaped.
1. Yes she can get maintenance from you till the date of Divorce Decree under section 12 of Hindu Marriage act.
2. You dont have to worry if you have proofs of fraud committed by your wife and her family. You can also come to India without any worry if false cases.
