How To Navigate Divorce When Marriage Fraud Is Involved?

Divorce is possibly the most challenging and emotionally draining process a person may undergo; however, it could get much worse in the presence of allegations of matrimonial fraud. In India, there is a specific name for all wrongs done by one party in the course of the marriage; this is known as “marriage fraud.” This may include pretenses regarding aim, income, and other personal information.

About Marriage Fraud

The crime of getting marry for fraudulent reasons can take many different forms, including:

Deceit regarding One’s Identity: One party may omit certain aspects of his or her identity, such as existing legal marriage ties or arrest records.
Financial Misrepresentation: This involves making untruthful assertions concerning one’s net worth or property, which can affect the marriage decision of the other partner.
Withholding Relevant Information: This is the act of concealing important information like previous marriages, children, or health issues.
Coercive Conduct: This involves psychologically leading a partner into marriage using false and deceptive means.

Legal Perspective of Marriage Fraud: Grounds for Divorce

In India, there exist legal penalties for marriage fraud under the Hindu Marriage Act of 1955 as well as the Special Marriage Act of 1954. Both statutes provide grounds for divorce, which are.

Section 13(1)(g) of the Hindu Marriage Act provides for divorce based on “desertion” or “cruelty.” If one spouse can prove that the other spouse engage in fraud, it would be consider cruelty in the matrimonial sense.
This also applies to the grounds “of unsoundness of mind,” which is under Section 13(1)(d) and can be use where the falsehood of a partner caused excessive torment.
Marriage can be declare voidable under Section 12(1)(c) if, for example, either of the parties has been trick into entering the marriage.
Where fraud is establish in the marriage, for the party that has been wrong, there are provisions for an annulment rather than divorce, which similarly declares the marriage to be void from the beginning.

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Navigating Divorce When Marriage Fraud is Involve

Gathering of Evidence:

Collect financial records indicating inconsistencies, certificates of marriage, as well as communication history.
Affidavits of relatives, close friends, or other individuals aware of the lies are refer to as witness testimony.
Where necessary, engage the services of private investigators, especially where there is a risk of financial fraud or identity theft.
To navigate the intricacies of your case, seek the assistance of a practicing attorney specializing in family law.

Divorce Procedure:

You must seek advice from a divorce attorney who also specializes in financial fraud cases. They will help you in knowing your rights, the consequences of your actions, and the actions you should undertake.
Once you have the evidence with you, your attorney will assist you in the filing of a divorce petition or annulment in the concerned family court. The petition should clearly state the reasons for divorce, including any associated fraud.
The presiding officer may direct mediation to promote amicable settlement of disputes. This presents an opportunity to resolve potentially contentious issues such as child support obligations or property division without the need for extensive court proceedings. Do, however, make sure that the terms you agree to are enforceable in law.
In the event that mediation does not resolve the matter, it will proceed to trial. Your lawyer will present information and evidence to support your claims regarding spousal deceit. Prepare yourself for the opposition’s questioning of your credibility.
The presented arguments will be the only determining factor in the case. If the court determines that you should be grant a divorce or a legal separation, it shall do so.

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Emotional and Psychological Considerations:

A therapist can be useful in helping you understand your feelings regarding grief, anger, and betrayal.
Try to be around relatives and friends who can provide emotional assistance at this time.
One of the methods for maintaining your health is the perfect example of self-care activities: performing physical exercises, meditating, as well as practicing certain hobbies.
Knowledge of the laws and your rights will serve as a source of strength and eliminate some of the fear and tension that accompanies the divorce period.
It is important to think about the past, but directing your thoughts toward your plans will provide hope and purpose.

Financial Implications:

In our country, the sharing of properties between couples can be done depending on the asset’s distribution during their union. In addition, in the presence of fraud, there can be variation in the distribution of properties.
It is important to note that if such deceitful acts have caused economic loss or hardship to the aggrieved party, he or she may at times pursue the request for spousal support.
A forensic accountant or any financial professional may be require to uncover assets or incomes hidden due to allege monetary abuse.
Understand how joint accounts and the commitments under joint credit facilities can affect your credit rating. If necessary, consider closing the joint accounts and seeking credit counseling.

Child Support:

Judges do not ignore the value of the child when making decisions on custody matters. Be prepare to demonstrate that you can provide a safe environment.
Following the income of the parents, the judges may order one parent to pay for child support. Make sure that every deal is give the legal document it deserves.
Make records of any abusive behaviors of your spouse, including their attempts to breach your relationship with your kids, to fight for their custody.