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The Karnataka High Court granted divorce to a couple in which the woman had declared her age at the time of marriage as 36, while her actual age was 41. The matter is of the year 2014. The Division Bench of Justice Alok Aradhe and Justice Vijaykumar Patil granted divorce to the husband on the ground that his wife had cheated him.
Real age came to know after marriage
The family members of the woman had taken the relation to the boy’s house for marriage. Then he told the daughter’s age as 36 years. The relationship is confirmed. Both got married. However, later the husband came to know that the woman was 41 at the time of marriage. Thereafter, the husband filed a divorce suit alleging cheating on the wife.
The court said in the verdict that the complainant’s wife is 5 years older than him and has cheated her husband.
The family court dismissed the petition
Sections 18 and 19 of the Indian Divorce Act empower the spouses to file a petition for annulment of their marriage on the ground of fraud. The court has declared this marriage invalid on the basis of these sections.
Earlier, the family court had dismissed the husband’s divorce petition. The court had said that the husband could not prove why the marriage should be declared void.
Real age came to know due to illness
According to the case, the husband had alleged that the woman was suffering from some incurable disease for a long time. He had not told this before. The husband came to know about this after asking the wife and her family members. At the same time it also came to know that at the time of marriage the age of the wife was not 36 but 41.
The woman agreed to hide her age
The Karnataka High Court heard the arguments of both the sides and said that the woman has accepted in cross-examination that she hid her age. The Court further observed that the Family Court erred in appreciating the pleadings and evidence on record. The evidence on record has proved the grounds for declaring the marriage void. Therefore the marriage is allowed to end.
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