Marriage annulment after compromise

Querist : Anonymous (Querist) 31 August 2010 This query is : Resolved
Ld counsels,

In a case where wife files an annulment petition alleging fraud and impotence against husband, but husband came to know that it is the wife who had commited fraud on marriage.

In such a circumstance if a compromise had to be achieved can it be AGREED by wife that the marriage may be annuled on the grounds of fraud committed by wife by supressing the financial conditions of her family and unwillingly married the husband only on the instance of her parents. Will the court accept this proposition and annul the marriage on the ground of fraud. There are material evidence to prove fraud as well.

In return husband will relinquish his demands for jewels given to her during marriage. Please note details regarding jewels were all already stated in the counter affidavit by husband. Hence there cant be any collusion between parties.

Can these terms be explicitly mentioned in the compromise deed.

Kindly give your expert opnion.

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adv. rajeev ( rajoo ) (Expert) 31 August 2010
who can say. It is her will and wish she may agree or may not.
If she agreed it is better. If she submits anything before the court while in a compromise petition better to record it in the order sheet.

Chanchal Nag Chowdhury (Expert) 31 August 2010
Fully agree with Mr. Rajeev.

pawan sharma (Expert) 31 August 2010
yes, i agree.

s.subramanian (Expert) 31 August 2010
I agree with rajoo.

Uma parameswaran (Expert) 01 September 2010
Any terms agreed by the parties can mentioned in the petition.It shows the parties intention.

Sukhija (Expert) 04 September 2010
better to go for mutual consent divorce rather than annullment...fraud etc. file consent terms and get the order as per consent terms.

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