You can apply for annulment on the ground of concealment of material fact and fruad.
Procure their admission that they have not told you about her this problem and now they are threatening to file false case if not continue with her.
Non voidable marriage
I married on Jan 5 2020 under hindhu marriage. After marriage of 2months I came to know that my wife didn't had one eye. The another one which she can see had been undergone through an operation. When I cornered her to tell the truth, she told that there is a blind vision problem in their family which she got it from her grandmother who lost her both eyes when she was 40. This material fact was not disclosed before the marriage. After the marriage she was not allowing me to have intercourse with her, she is resisting it. I told to my parents about the situation and they arranged a meeting with their father. In the meeting while we asked about her daughter situation and the material fact which they disclosed it. He was aggressively reacted and hit me and my mother, and told that I have to take the burden and threatened me that he will file a wrong cases on me and my family. He warned that we will be sent to jail if we won't accept her daughter.Is there any chance can I get a divorce on non voidable marriage.
Asked 5 years ago in Family Law
Religion: Hindu
15 Answers
File for Annulment of Marriage within one year. Reason being you have been cheated by suppressing the facts. Moreover you have not consummated the marriage due to your wife's non cooperation.
File period for anullment of marriage on grounds of fraud
girl has suppressed material facts that she has eye sight only in one eye
contact a local lawyer
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (however, the MCD seems almost impossible in the current scenario)
if MCD fails, you can file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
once you file a contested divorce she may file/claim
#498a complaint
#Domestic Violence case
#maintenance,
so be ready for them too,
and,
another option is to file #Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
You can also opt for the annulment of the marriage on the ground of fraud but it will be hard to prove and time consuming
If she as married by not disclosing the same then you can seek annulment on that basis or file contested divorce for the same
Looks like it was a trap marriage to extract money.
So don't succumb to any blackmailing as nothing will happen to you.
Immediately file a suit for nullity of marriage on misrepresentation of material fact which would save you from criminal cases, if filed.
She is not trustworthy and it's better to stay separately.
Yes,Definitely you have right under section 12 (1) (c) on the ground that the consent of husband was taken for marriage by fraud as to any material fact concerning the wife ,is fit case for annulment of marriage between husband and wife within a year from the time the fraud which was discovered.
Your facts and case is within time and admissible ground of provisions of law to file an application for annulment of marriage between you and your wife under section 12 (1) (c) of Hindu Marriage Act 1955.
- As per Section 12 (1)(c) of the Hindu Marriage Act, Any marriage solemnised , whether before or after the commencement of this Act,shall be voidable and may be annulled by a decree of nullity on the ground that the consent of the petitioner or where the consent of the guardian in marriage of the petitioner was obtained by force or fraud .
- Since, your marriage was performed after keeping you and your family members in dark and fraud , then you can file a petition before the court to declare the marriage as null and void.
- Further , for the said threatening , your parents can also lodge a compliant against her and her father after stating the true facts , and thereby declare that they are threatening for implicating in false cases.
You can file a petition seeking annulment of marriage for the same reason.
The fact of not having vision on one eye is a fact material to marriage and its suppression can be a ground for seeking annulment of marriage.
Also non consummation of marriage is another strong ground for annulment.
You don't be scared about the threats her father poses for filing false criminal cases against you.
You can obtain anticipatory bail and challenge the same in court of law. during trial proceedings properly.
You cannot file divorce petition before completion of one year from the date of marriage.
It is a situation wherein you should file a dissolution of marriage petition on grounds of hiding of material facts and playing fraud upon you.
The marriage would be declared null and void.
Get the annulment of marriage done on basis of concealment of facts and non consummation of marriage
On non consummate ground you can apply for divorce plus they have not told that she do not have natural eye. These two reasons are sufficient to file case against them, plus file FIR avait her father that he had hit you and your mother and threatened that you have to take care of his daughter and not to apply for divorce.
Yes you can file case for annulement of marriage under section 12 of Hindu Marriage act on grounds of concealment of facts that your spouse was having a genetic problem of vision loss and non consummation of marriage.
the law does not permit to apply to nullify for the marriage on these grounds. However, it is certainly a fraud and causes cruelty as ground for divorce. It is also intimated that no divorce petition is entertained within one year of marriage until special reasons.
Dear Sir,
You may immediately get issue a legal notice and proceed to file a case to declare the marriage as void.
