Legal Question in Family Law in India

void marriage

Hello,

My brother and my brother's wife belong to hindu religion and got married under hindu marriage act got married two years ago.It was arriange marriage.Brother works in US in H1 visa.

At the time of marriage my brother's wife and her parents said that she did graduation with chemistry honours and after that did two years post graduate diploma in management.But now we came to know she did graduation but could not keep her honours in chemistry.So her qualification is BSC pass and not BSC honours though her parents said she did BSC honours.Her parents and she said she did did two years PGDM and actually she did one year PGDM.Two years PGDM is equivalent to masters but one year is not equivalent to masters.So they have supress material fact.My brother would have neevr married her if he knew her actual qualification.

My brother is adament to get rid of her as he cannot accept that she and her family have lied.We spoke to my sisterinlaw's family but they said my sisiterinlaw will not give divorce and that my brother is spoiling her life.

Is the ground mention above sufficient to declare marriage as void on the ground of supression of material fact?


Asked on 4/07/09, 7:39 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: void marriage

No, that is not a material fact and may have no bearing on the marriage more particularly when there was no "misrepresentation" by the girl.

In fact your statements may amount to "cruelty" and "domestic violence" against the girl and if she decides to initiate your criminal prosecution against you and your brother, there may be a big trouble for your family. You need to be very careful. If a case is registered by her, your brother may be debarred from entring USA.

A special visa has been now started by USA Government under which your brother's wife may obtain visa to reach USA and may take appropriate action against her husband, including seeking his deportation to India to face criminal prosecution.

Advice : The marriage was ceremonised two years before. You should make an amicable out of court settlement and bring the girl back to matrimonial home. Try to settle a happy home for the couple.

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Answered on 4/07/09, 8:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: void marriage

Not at all. In fact it is no ground.

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Answered on 4/07/09, 9:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: void marriage

Already replied.

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Answered on 4/09/09, 7:10 am


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