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mgrao (partner)     05 October 2010

annulement of marraiage

My brother son was married two years ago to

1) a girl who was born of a prohibited relationship but custom approved and was now diagnised as having a serios ,multiple congenital heart disease.She is aged 28.The girl and her parents declare that they do not have fore knowledge of the problem.

2) She has been harassing the boy on several fronts including threatening to commit suicide in order to cover the problem from being discussed and acted upon.

Can he seek annulement /divorce on the grounds of concealed prohibited relationship of the parents of the girl,concealed health problem(fraud) and harassment.

 

Gnan.



Learning

 4 Replies

Mugundhan (Lawyer)     05 October 2010

A person may be  born out of prohibited relationship or any other illegal or illicit relationship, is it a sin for him/her to get married or to do any other thing in life? As far as law is concerned, it is not a ground to seek divorce. U urself have admitted that there is a custom allowing such relationship. Now the next point, in the case u have said,it is 2 yrs since marriage she got the disease. In any case of marriage the husband or wife can get a heart attack or disease at any stage of their life, so whether they can leave their spouse and seek divorce. When u are in  family life, u have bear and take care of so many things including illness of your partner, children, parents, relatives and even friends and colleagues. You cannot shy away from ur responsibilities. Again in this case, Heart disease is not a ground for divorce. If divorce can be granted on such flimsy grounds and on fall of a hat, everyone would be single and no family would be there.

mgrao (partner)     05 October 2010

Thank you,sir.I shall endeavour to eloborate further on my queies.

1)It is a congenital ,multiple heart disesae which means it was acquired  in mother's womb.In other words the person was born with abnormally functioning heart that tells on physical and metabolic activities since childhood.For the parents and the person to claim no knowledge of the serious health issue , does it not tantamount to hiding the facts with an objective of misleading and cheating if i may say so.

2) In order to hide the serious anomoly the person resorting to harassment and disordrly behaviour including threatening to commit suicide ,wont that amount to emotional cruelty ?

3) Why are a certain prescribed relationships are prohibited by Law unless that amount serous irregulaties in terms of leading a normal family life ?

 

Gnan.

mgrao (partner)     05 October 2010

In continuation , i would like to know the grounds for a prohibited maraige and how the Law came to conclde what types of relationships actually consist a prohibited marriage.A marriage is normally not prohibited unless the occurance of which is expected to be not normal.The off springs of such marriage are expected to carry the burden of prohibiting reasons.

The relationships that are prohibited carry a certain percentage of common genes between both the parents and when they copulaate and produce  it  is technically  "inbreeding" which results in off springs being genetecially inadequate.Which menas the children actaully have genetic defiencies that reust in congenital diseases.

The local customs and traditions may actually may not say no to marriages within blood relatives but the fcat that they are brought into prohibited list only suggest that the results of such alliances are avoided in the society,

Gnan.

 

mgrao (partner)     05 October 2010

Can it be that an illegal/illicit relationship can not be same as one that is prohibited by Law ?


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