Divorce being Null & Void

5 years ago

Dear Team,

Kindly excuse me for not introducing myself at this juncture, as I wish my personal details to remain hidden.

Me and my wife were married during Feb-2004 and got a divorce during Nov-2017.

But, we had created a document (marriage certificate), dated Oct 2002 and had submitted the same for the passport and other document purposes. As a matter of fact, during this date, we didn't even know each other.

Now, I want to prove that the issued divorce for a marriage which has not happened, is null and void. As our marriage has happened at a later date, this divorce shouldn't carry any weight at all.

Please advise whether this is possible and if I move this in a higher court, will there be any criminal charges on me.

Thanks

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
this is very interesting. You can prove that no marriage has happened and the divorce petition is not maintainable. Definitely the divorce petition will be dismissed. Second issue when arise let us think of the solution then.

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Prabhakara S K Shetty

Responded 5 years ago

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A.There is a principle of Law which states that a person cannot make use of his own illegal action, but despite that your divorce is obtained under false document. But who filed for divorce ? was it a mutual divorce petition ? if one had filed under false document, another party can get it cancelled, not the very person. Besides you will be exposing yourself to criminal actions too.

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Ambrose Leo

Responded 5 years ago

A.By making a issue of all fraud and illegal declaration to obtain passport & marriage and divorce will attract criminal provisions of law.Better to consult a senior lawyer from the panel of Vidhikarya quickly to protect your interest and legal issues.

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