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anon (ZYX)     30 August 2012

Follow-up clarification

This is a follow-up question to an earlier post I had made. One of the replies had indicated that annulment may result in alimony. Is it true and why is it so as it is almost as if the relation never existed? Can hiding OCD before marriage out of no choice be considered serious when hiding something like diabetes may not be considered so serious?

Thanks



Learning

 4 Replies

Tajobsindia (Senior Partner )     30 August 2012

Originally posted by : anon
  This is a follow-up question to an earlier post I had made. One of the replies had indicated that annulment may result in alimony. Is it true and why is it so as it is almost as if the relation never existed? Can hiding OCD before marriage out of no choice be considered serious when hiding something like diabetes may not be considered so serious?  


I disagree to whosoever replied so to you.

Reasoning:

A.
OCD is often a chronic, relapsing mental illness based on DSM-IV-TR diagnostic criteria for OCD (or WHO ICD-10 criteria) as per various peer reviewed research supported by the National Institute of Mental Health and well reviewed health industry professionals articles.

B. The law in hand -
A woman will not be entitled to alimony if she has concealed facts such as a former marriage, inability to conceive, frigidity, incurable diseases like leprosy, mental illness or venereal diseases from her prospective husband. Grounds for annulment are well governed by the Hindu Marriage Act (assuming the queriest to be a Hindu). It includes frauds such as suppression of a fact which if known would have prevented the man or woman from marrying the other person or made the marriage void. However, an application for annulment can be made within a year of discovering the "fraud".

rahul (director)     30 August 2012

@TAJOBSINDIA

Is Inability to conceive a ground for divorce? I dont think so.

Tajobsindia (Senior Partner )     30 August 2012

Originally posted by : rahul
  Is Inability to conceive a ground for divorce? I dont think so.  


1.
It does not count what you are 'thinking' as that is job of a ld. Judge.
2. Law works in favor on simple social lobbying read with a particular litigant's "suit matter presentation" accordingly.
3. I am talking in my above reply to queriest about “annulment and fraud”.
4. Yes, both refusing to conceive as well as inability to conceive leads to divorce. There are ‘n’ numbers of leading case Laws in favor.

PS.:
Showing me condom strife of a couple's decided case before Mumbai HC of this year is not a case good in eyes of law in relation to asked query by you is my view in case you want to rebut my above views J

anon (ZYX)     11 September 2012

Hi,

   The question was actually what if a male hid it from his prospective alliance?f

1. If annulment is as good as marriage not happened, why should alimony be applicable for hiding Something like OCD before marriage?

2. Even if you disclose to prospective alliance, what form of communication will be considered as not hiding? Will e-mail communication be sufficient? Even if they agree verbally or by e-mail, if they refute (the girls' side) it after marriage, will court accept their argument or consider the boy's argument that it was told? Will e-mail be enough - obviously nobody is going to give a written/signed document of any kind?

3. If the boy has indeed tried disclosing to many alliances without any success and then only resorted to marrying without disclosing, will the court give some consideration to that?Obviously this last resort is taken due to probably no choice left


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