sandy 24 April 2015

Annulment on fraud

Hi,

I am NRI and need some assistance in applying for divorce.I got married last year in Aug to an Indian girl in my home town.My marriage was not consummated.After the marriage I learnt from her hospital records that she has PCOS(details below) from age of 13 and realized that this issue was the real cause for not consumating the marriage.Can this be ground for annulment based on fraud?.Please advice?

https://www.webmd.com/women/tc/polycystic-ovary-syndrome-pcos-topic-overview

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4 Replies

bsrao 24 April 2015

PCOS is not a ground for divorce. Consummation of marriage does not mean she should bear a child. Apparently, you want a divorce from this girl. I suggest you buy it ASAP before you get into trouble. Act submissive in the process and try to conclude internally even it is costly.

Hope this helps.

B S Rao

Hardeep (Business) 24 April 2015

Pre existing / post marriage medical situations are not grounds for divorce unless they are of such nature that normal marital life is not possible at all - insanity, leprosy, venereal disease and for a minimum period of 3 years before the divorce petition.

Link as cited by you does not indicate any such grounds.

See Hindu Marriage Act S. 13.

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SAINATH DEVALLA (LEGAL CONSULTANT) 24 April 2015

Polycystic ovary syndrome (PCOS), is a set of symptoms due to a hormone imbalance in women. Symptoms include: irregular or no menstrual periods, heavy periods, excess body and facial hair, acne, pelvic pain, trouble getting pregnant, and patches of thick, darker, velvety skin. Associated conditions include: type 2 diabetes, obesity, obstructive sleep , heart disease, mood disorders, and endometrial cancer.(COURTESY A MEDICAL JOURNAL)

Annulment of marriage is not possible citing this cause. If U want to get rid of her U can file a case for suppression of material facts regarding her health condition,before marriage.