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Marriage annulment

(Querist) 23 January 2016 This query is : Resolved 
Dear all,
My friend is suffering with MRKH syndrome (mullerian agenesis), she doesnt have uterus, no menstrual, cannot bear child. She had undergone plastic surgery befor marriage with her husbands permission. He accepeted for all this and promised that he will adopt a child after marriage. After marriage they lived happily for 1.5yrs (marraiage was consummated), but later when his parents came to know about her condition they started demanding additional dowry and he started playing drama that he doent know about this conditin before marriage and marriage has never been consummated.
He filed a case in court on fraud, impotence and non consummation of marriage. Will he succeed? He is also demandig compensation for this... do we have to pay him compensation? We have photos, vedios, calls, msgs to show how happily they lived after marriage so how can he deny all this and say marriage has never been consummated? He knows everything before marriage.
Please give your advise as early as possible so that it will help us to fight against his false case.
Devajyoti Barman (Expert) 23 January 2016
1. Well, if medical test is done the case of non-consummation will go. So do not worry on this account.
2. If your friend can prove that after knowing this secret fact her husband accepted her then case of nullity and compensation will also not stand.
So ask your friend to be positive and since her husband accepted her form sometime she can try to talk to him and convince him to reconcile once again.
cherry (Querist) 23 January 2016
Thank you Sir, but because his parents want kids he want to remarry so he is not ready to get convinced, can he get divorce or annulment in this condition...he already filed petition in the court for annulment
Devajyoti Barman (Expert) 23 January 2016
It is unlikely that he will get the marriage nullified if your friend can prove that after knowing the truth her husband condoned her and accepted as she was.
cherry (Querist) 23 January 2016
Thank you, we have voice recordings and msgs related to that.
cherry (Querist) 23 January 2016
This condition of a girl can be known on very first day of marriage but for 1.5yrs everything was good now he says marriage was never consummated and he says marriage concent was by force and fraud
Adv. Yogen Kakade (Expert) 25 January 2016
Already answered by Mr. Barman.
K.S.Srinivas (Expert) 04 February 2016
Point No.1 of the expert Sri Devajyoti Barman
sufficiently answered your query about the consummation of marriage.


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