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AARKAY12345 (student)     23 December 2009

Marriage null & void

 A brief story: My friend got married with a village girl in 2005. After marriage they came to town and started living along with family. 2-3 days later my friend came to know that his wife is having breathing problem and it increased at the midnight. He consulted doctor and after certain test he found that she is suffering from a Heart Disease i.e. her Valve is too short/small to circulate the blood required for body parts and whenever she walks faster or works faster she has to breath faster. Doctor also advised that she will not be able to give birth to a child as it may lead to her death and hence advised to avoid the s*xual relations with her. This disease is called Rhumatic Heart Disease and it is a early teenage disease. 

My friend brought this fact to her parents notice but they denied saying that they are not aware of the same and her daughter was absolutely fine before marriage i.e. 10 to 15 days back ???

After few months she went to her parents home and till date she is not returned. 

Kindly advice in what ways he can file the case to nullify his marriage. As he was never told that she is suffering from any disease. 



Learning

 2 Replies

Devajyoti Barman (Advocate)     23 December 2009

This is  the enough reason to declare the marriage as null and void if the said material information was supressed at the time of obtaining the consent of the petitioner to marry the respondent..

Fraud_victim (Manager)     16 April 2010

you can file nullity of marriage case only within 1 year of detecting the fraud.. you should also be able to prove that this was not informed to you prior to the marriage


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