Annullment advice.

• At least one of the partners must be a residence and have lived in the jurisdiction for ninety-day period to apply for an annulment under that jurisdiction.
• Either husband or wife can initiate an annulment by stating the cause of annulment in the petition.
• Annulment procedure is very similar to divorce procedure and can be obtained through petition, summons and ancillary documents.

To get more help in this matter, get in touch with a competent marriage lawyer who can guide you through the annulment process.

The basic principle in annulment cases is there should be no collusion between the parties.  The petitioner  puts allegations - impotency, fraud of concealment of material fact, or force.  The other party accepts such allegation or fails to disproves such allegation.   Then only court grants annulment.  It is not soft and neutral affidavits without blaming the opposite party, will get you annulment decree.  Engage your own lawyer and he will guide you what to be written  in the petition.  Your presence is required in India to get annulment decree.

To annulment the marriage one party have to file petition before the court by alleging second party as impotent, marriage done by fraud, concealment of facts, force and threat and second party have to accept it, there should be no dispute on the allegations if so only then court will annul your marriage otherwise not, both the parties have to be physically present before the court while annulment proceeding is going on .

Thank you all for your answers. I appreciate it. Can i have a lawyer present on my behalf? We both want anullment, any allegations they will probably blame on me would be false, but they say that's how things work in india. One party has to blame another, even though it makes me look like the bad guy.

Can it affect me in the future if i just accept whatever allegation they claim against me as a ground for annullment? I think they are going for abandonment, possible impotense (saying that marriage was not consumated), and they wrote mutual breach of trust.

 

Mr. Devan,

A local lawyer of your or her place of residence (in India) shall have to take care of your case for annulment of marriage, whichlshall be considered by the Court of jurisdiction,on the basis of fraud committed by the family/ bride upon you, where you are required to prove and your wife to accept the allegation.

Thank you Dr Vashista, I just got your number from this website for 30 min consultation. Let me know when it would be a good time to talk. Is concealment of information, and lying about her past relationships, untill having a marriage certificate in her hands, enough ground for claiming fraud?

 

Divorces and Annulments both have the same effect - they dissolve the marriage.  However, they differ in how they treat the marriage. When people get the Divorce, they are still recognized as having been married previously.  An annulment on the other hand, treats the marriage as though it never existed.  Some situations place people in such awkered positions, that they simply want to treat the marriage as though it never existed.  Some people do not want the stigma they believe attaches to Divorce.  Others may prefer an annulment for some other reasons.

Annulments are a form of relief who were placed in situations in which they never should have been married.  Because civil annulment treat the marriage as though it never existed, a person must have a pretty good reason to obtain one.  Typically, one of the following requirements must be met.  (i) Fraud or Misrepresentation; (ii) Concealment ; (iii) Misunderstanding ; (iv) Impotency or Incest ; (v) Lack of consent ;

 

 I agree with expert advise of Sr. Advocate Mr. Bishwanath Roy, concealment of facts and fraud committed by her are adequate reasons to move for annulment of marriage and prove it forcefully.