Raju R (None) 19 August 2011

Need advice for divorce or annulement of recent marriage

I got married 4 months back. She & her family did not disclose about her horrifying physical disease before marriage. After marriage I found out thousands of chocolate spots (called cafe-au-lait) on her body which have appeared from birth as well as age of 10 years (which she hid in saree when i saw her & married her). After marriage i have been with my wife hardly 3 days, since she is a student she went back to attend college ( it will take another 9 months to complete her college). After a month (3 months) of our marriage she had visited to my native for 1 day for traditional visit & i took her to skin specialist doctor that day. doctor told me its a incurable genetical (carried to children) disease thus it has been carried from her mother to my wife & her sisters. Also her disease is a symptom of very big disease called "Neurofibromatosis" meaning tumors to nervous system (to know more please google "Neurofibromatosis").

My in-laws & my wife have cheated me intentionally & planned. In their family everyone is educated & her father is retired principal. Since my parents are ailing with heart disease I have not disclosed my problem to them. I married to this girl with trust, good faith & good wish.

I have not touched her due to her disease neither i am willing to. I am not even feeling to talk with her. I cannot continue marriage with a strong feeling of cheat, fraud. Because of her i am getting affected mentally & physically causing irritation, depression.

Please give me good advice.

Can i get a divorce/nullify marriage on basis of her disease ?

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6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 August 2011

Dear Friend,

Annulment can be filed within One Year of finding out the undisclosed physical condition, the other condition is that there should be no cohabitation or physical intercourse after the discovery.

Regards,

Shonee Kapoor

Advocate M.Bhadra 19 August 2011

You can seek a decree of annulment of marriage due to willful refusal by your wife to comsummate the marriage,but to file a suit for disolved the marriage on nullity ground, you ahould supress the physical disease of your wife..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 August 2011

Dear Sir,

Why not fight annulment on the available grounds, i.e. disease of the wife and raise a fake ground like non-consummation of marriage?

Regards,

Raju R (None) 20 August 2011

Hello sir,

I live some 600 km from where my wife stays for my job. She is student studying her degree.

Regarding her disease is that:

Cafe-au-lait stops start developing from age of birth or before age of puberty i.e. age of 10. That has not developed within one month or two recently days after marriage.

Cafe-au-lait is symptom of Neurofibrometasis (tumor occur on nervous system inside body which may or may-not be cancerous but ). There is no medicine or cure available in the world as of now. Also growth varies from person to person.Initially i thought it can be curable thus i took her to skin specialist.

This disease a very rare (one in 10,000 or more) but genitical (carried from either parent to children) disease, I never came across such type of person having disease in my life & did not care about intensity of disease, so initially i had taken very lighly. After discovering & research over the disease i am totally in panic state.

Matter of fact is my wife or her family did not disclose her disease and when i had went to see her as i she had done hugh make-up, they introduced different person as her mother (her aunty). Neurofibrometasis has been existing to her mother can be seen on her face.

Please let me know how can i prove that:

1. Undisclosed physical condition.

2. Non-consummation.

3. No cohabitation or physical intercourse.

4. I dont have any medical record of her disease, skin specialist doctor told me verbally about her disease but i didnt understand medical terms until i did research. But i have only one of her pic in which her cafe-au-lait spots can be seen. But if she goes to doctor for check-up then doctor can give me certificate of her disease, but now she is not ready to go to doctor for any checkup.

5. I never went to any honeymoon or i have lived with her only for 3 days. Since there are traditional things carried before first night which has never happened till now.

I am unlucky guy :(

I have sympathy towards my wife but carrying her as overhead with planned fraud & cheat by her & her parents is not digestable.

Thanks you & please advice me more on this,

Regards,

Raju.

Raju R (None) 20 August 2011

Hello sir,

I live some 600 km from where my wife stays for my job. She is student studying her degree.

Regarding her disease is that:

Cafe-au-lait stops start developing from age of birth or before age of puberty i.e. age of 10. That has not developed within one month or two recently days after marriage.

Cafe-au-lait is symptom of Neurofibromatosis (tumor occur on nervous system inside body which may or may-not be cancerous). There is no medicine or cure available in the world as of now. Also growth varies from person to person.Initially i thought it can be curable thus i took her to skin specialist.

Matter of fact is my wife or her family did not disclose her disease and when i had went to see her as i she had done hugh make-up, they introduced different person as her mother (her aunty). Neurofibromatosis has been existing to her mother can be seen on her face.

Please let me know how can I prove that:

1. Undisclosed physical condition.

2. Non-consummation.

3. No cohabitation or physical intercourse.

4. I don’t have any medical record of her disease, skin specialist doctor told me verbally about her disease but i didn’t understand medical terms until i did research. But i have only one of her pic in which her cafe-au-lait spots can be seen. But if she goes to doctor for check-up then doctor can give me certificate of her disease, but now she is not ready to go to doctor for any checkup.

5. I never went to any honeymoon or i have lived with her only for 3 days. Since there are traditional things carried before first night which has never happened till now.

I am unlucky guy :(

I have sympathy towards my wife but carrying her as overhead with planned fraud & cheat by her & her parents is not digestable.

Thanks you & please advice me more on this,

Regards,

Raju.

Mrs. Rakhi Vaishnav (Advocate) 21 August 2011

Dear Mr. Raju,

Yours is a clear case of voidable marriage and can be annulled by a decree of nullity. But, such petition can be filed only within one year of your mariage. After going through your history, it seems that only four months have passed since you got married, so there is no bar in filing petition for annulment of marriage.

SECONDLY, you will have to have some medical certificate of a competent doctor which can prove the illness of your wife. This is very much vital and in absence of any documents/certificates, it shall be very much difficult to support your petition and prove your case. So, try and contact the doctor whom you've visited with your wife to issue a certificate of her illness or try to convince that doctor to give your something in writing which can speak about her illness.

please feel free for any more assistence.

Warm Regards,

Adv. Rakhi Vaishnav,
Fidelity Legal Services,
Email : rakhivaishnav@fidelity.ind.in