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kumar (swe)     05 November 2011

False information before marriage

I am working as a software Engineer got married with a girl, after one month i came to know that the girl's left
leg has minor problem, leg moment was not looking good. she got a health problem (nerves) in her childhood. that  was cured but her leg has a problem from then on. I didnt notice this at the time of marriage.She and Her parents hided from me before marriage. i didnt expect a wife like that, I totally upset about this and i cant able to accept her in my mind. Is there is any provision to void this marriage? Please help me..



Learning

 12 Replies

sridhar pasumarthy (ADVOCATE)     05 November 2011

Dear Kumar,

A Hindu husband is entitled to seek for annulment of marriage, if his consent was obtained by fraud.  But, he should file the application within one year of discovery of fraud.

Don't forget that marriage is a sacred union of two spouses.  

I don't think that your problem is such a big one to seek divorce.

Kiran Kumar (Lawyer)     05 November 2011

very strange that you did not notice all these things prior to marriage....afterall you are an educated person and must have interacted with the girl prior to finalisation of marriage.

 

the things will be quite hard for you to prove in this matter...


(Guest)

Any judge will only sympthasize with the wife. Husband should also be humane. There's no cheating involved. Many people marry persons with physical disabilities and in fact who knows who might get his/her leg amputated in accident or otherwise. This is no ground on which the author can get rid of his poor wife.

K.P.Satish Kumar (Advocate)     06 November 2011

If a consent for is obtained by fraud then after knowing the fraud and within in a year period you can file a petition to declare the marriage as null and void. Section 12 of HM act provides it. But after one year of knowing the fraud commited you have no right to file the petition on this ground.


for details:

K.P.Satish Kumar M.L.

Advocate: Chennai: 9962999008

web: https://yourdivorceadvocate.blogspot.com


(Guest)

 girl with nice pair of legs can be imperfect wife, think on this too before separation.

Mansoor (STA)     30 January 2012

I would like to know that any disease discover within 05 days of marraige, (e.g. disease like cyst in breasts since last 3 years), Is Husband file petiion for Divorce. The couples are muslim. Which law and section applies....

Arup (UNEMPLOYED)     30 January 2012

you may pray u/s 12(1)(c). pray within one year.

 

it is your life, you have to decide whether continue or not.

 

the girl or the negotiator on behalf of her should disclose the fact.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

Yes nullity can be filed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shantanu Wavhal (Worker)     01 February 2012

I am working as a software Engineer

after one month i came to know that the girl's left leg has minor problem

I didnt notice this at the time of marriage.

She and Her parents hided from me before marriage.

 

Will the court accept the alligation - hiding truth before marriage ?

wife will definitely say - u were aware of the fact even before marriage

how will u counter that ?

Adam NRI (LCI Fan)     01 February 2012

@Kumar

1. Obtain medical advise before moving court. The medical documents may work in your favor. You are not a medico, I presume so making allegations relating to health must be done with supporting medical facts from medical experts. You may need multiple opinion to reassure the court.

2. As Ld Arup Ji has alluded, the decision is yours but from what you are sharing, it appears that you feel cheated for lack of disclosures.

3. If the ailment is heriditary and the genes get passed on , your child may be born with defects and you may be further traumatised.  ( there is no gurentee that two perfectly healty individuals produce healthy baby - but you are eliminating risk)

A stitch in time, saves nine.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 February 2012

Adam,

 

I don't think such lengthy procedure is required.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Rahul T (Engineer)     03 February 2012

 

Mr Kumar,

 

 

                  All senior or professional advices are perfect. AS PER H.M.A…… but my question is about HMA………………….. may be…. It may take soooo.......long time to solve your problem judically that…… may be at that stage….. you will become physically/mentally unfit to enjoy a healthy wife……………….

 I am very sorry to say that….. Indian matrimonial MARKET is like BARME/CHINA BAZAR…………. Once you are cheated…… may be there is no chance to replace it…..though mighty INDIAN COURT…………..

 So….May be my suggestion maybe I am wromg…. Your life is allreadt got spoiled….. So….Enjoy with !!!! what ever you have…..if not satisfied………………..then EME (extra marital A**air/ paid S*x ) is still available……………… enjoy it……………..

 NOTE: don’t dream so much….. Else you may end up having nothing but agony & frustration……………

 Therefore bol is in your court…..its upto you….how you will play it…………. Best of luck……………


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