Divorce and cheating Divorce and cheating

2 years ago

My son married a lady whom we now doubt to be a trans-woman. The person did not allow sexual relations and no consummation was there. How can we put up a case against cheating along with divorce? We were cheated. There was no dowry, nothing except the job of that person. marriage was in 2018 and now they are separated.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you shud have gone for FIR instead of divorce.

Now your son can get divorce (annulment) for cheating and fraud and no consummation of marriage.
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Anik

Responded 2 years ago

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A.Hi,
Since there was no consummation of the marriage alongwith material facts as to the sexuality of the spouse was hidden and suppressed, you can file a case for divorce. The divorce would be easily granted as there is non-consummation of marriage and impotency. You can also file a cheating case against the lady.
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Vidhi Samaadhaan Vidhi Samaadhaan

Chakrapani Madupu

Responded 2 years ago

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A.If the facts are presented in the court of law that the facts were suppressed and that there is no question of consumption of marriage then pls file a cheating case and divorce.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hey,
If you can prove your doubts in the court medically and show that this fact was hidden from you at the time of marriage then you can file for Divorce under section 13 of the Hindu Marriage act.


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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.You can initiate a case of divorce on the ground of non-consummation of marriage and impotency and very easily you will getting the divorce if what you say is true and factually found to be correct.
The cheating part will come into picture as part of the petition and the lawyer will take care of that.

You can also read more about divorce laws in following blogs;
https://www.vidhikarya.com/legal-blog/divorce-under-hindu-law


https://www.vidhikarya.com/legal-blog/how-to-get-divorce-in-india
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