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Amit (XYZ)     02 June 2012

Need advice on annulment of marriage

Hi ! Need advice on Annulment of Marriage.

I am married now for 11 months, but the marriage did not consummate till date. She has a very hairy body and a big black spot (5''-6'') on her back and a lot of other small marks(one on her toungue as well), which were not declared at the time of marriage. I had never felt to consumate marriage since i discovered all this but she is waiting and willing.

Please suggest , if I can file for annulment of marriage and save myself from the stringent laws of India. We are living separately now for 6 months and the situation has gone volatile.

 



Learning

 20 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 June 2012

You can file for annulment on the grounds of fraud as to a material circumstance concerning the respondent(wife) however first create the groundwork for protection from 498A case. 

Roshni B.. (For justice and dignity)     02 June 2012

i can understand ur point.even we gals dont like men with moustache or beard.Clean shaven men are our priority:).

 

however dint u discover her hairy body b4 marriage?i mean,the hair can be easily seen on arms,face,and these tongue marks cud also be seen while speaking with her?

 

see u may/may not get annulment.even if u get,it may take too much time.

 

so meanwhile,y dont u convince her to wax her hair and get some dermatological procedure to remove that mark on her back?

 

if all these are due to an ailment,then y not get her treated for this ailment?

 

see u may find my views unreasonable and think why i am suggesting u to compromise with a gal having all this ugliness on her body.

 

but i am advising for ur own gud.however final decision is urs..

 

so,u have 2 ways....either spend lakhs of rupees on lawyers to prove ur point,and pay her alimony,if at all u succeed in divorcing her,which may cost u ur youth.this may take many yrs. also.

 

or else accept her and get her treated for her hairy body and these marks,after 1st getting her diagnosed,so that treatment is done accordingly..

Amit (XYZ)     02 June 2012

Please suggest about ground work required to protect against 498A as we have no idea about the same. They have already filed one complaint in women cell.

Annulment can be filed on the fact, that I was not willing (as in this case) or we have to project it upon her that she was not willing ?

Tajobsindia (Senior Partner )     02 June 2012

@ Author


1. Understand similar situation another husband was reading Judgment mentioned 9click link and read it through first) https://indiankanoon.org/doc/940217/ 
2. The HC citation has more or less ingrediants as pointed by Bharat and your next questions here.
3. Once you understand the judgment pointed above come back here we will suggest further on S. 498a
4. Always go step by step. Litigation do costs but not in lacs and when a spouse does nto want to consumate marriage other spouse as well as social writers cannot give that spouse social lectures is my view.

NONUDI KUNTI (HOME MAKER)     02 June 2012

amit, since I was reading your query. I realised that you are just finding excuses to get divorce from her at any cost. What if something more serious and grave happens to your body?  Would you want a spouse or a partner in your life who just rushes from such a scenario and makes excuses to leave you and divorce you.

why don't you get her treated under cosmetic surgery. I'm dead sure there are several traetments for her problem and pls dont worry about her balck tounge as that can also be rectified by treatment and surgery.

Tajobsindia (Senior Partner )     02 June 2012

ha ha

1. She is suffering with Hirsutism and whole body laser reduction is a procedure costing a bomb and needs re-touchign every 4-6 months or as per hair re-growth pattern.  
2. The hair reduction treatment is via Flutamide 250 mg twice daily and an oral contraceptive pill and it only achieves reduction not complete removal.
3. The medicine treatment is very long term say sometimes in some case more than a year long.
4. Above social writer now tell readers the side effects of everyday taking Flutamide 250 mg twice daily and an oral contraceptive pill that also in a brand new marriage ha ha
5. For treatment for black spots on tongue yes laser and or cosmetic surgery can be risky options. BUT the only specialist who is capable to look into it in India is now 75 yrs. old and is retired from active surgeries after partly attending to Kangna Ranaut who was his last known patient in our faternity and now he is well retired / settled in Mumbai. BTW, it costs a bomb. Now above social writer ask first this author is he ready to pay a bomb to get clean tongue of his wife or was he not right to ask legal way out as he was the one who is going to kiss that tongue day in day it had it been spotless not social replier.


Any other medical way out socially possible - NONE
 

Amit (XYZ)     02 June 2012

@Tajobsindia Sir,

gone through the link.

I think I have more grounds then Mr. Mhukhrjee in that case. My queries are :

Annulment can be filed on the fact, that I was not willing (as in this case due to the concelation of facts) or we have to project it upon her that she was not willing ?

Please suggest about ground work required to protect against 498A as we have no idea about the same. They have already filed one complaint in women cell.


(Guest)

Flutamide 250 mg twice daily

many cases are there in the picture, where consumption of the drug caused whole body hair lossl including hair cusing baldness.So utmost precaution should be taken before taking..unless maximum chance of investing in wig is not intended.I doubt on legal/medical qualification of some of the members here!

bhima balla (none)     02 June 2012

Originally posted by :NONUDI KUNTI
"
amit, since I was reading your query. I realised that you are just finding excuses to get divorce from her at any cost. What if something more serious and grave happens to your body?  Would you want a spouse or a partner in your life who just rushes from such a scenario and makes excuses to leave you and divorce you.

why don't you get her treated under cosmetic surgery. I'm dead sure there are several traetments for her problem and pls dont worry about her balck tounge as that can also be rectified by treatment and surgery.
"

 And who should pay for all this? And until she recovers what does he do? What if he has psychological scars after seeing her that way and can never get intimate with her again? All this problem of her was before marriage

and concealed! He may also be right in wondering what else could they have concealed! It is obviously a fraud!

Ranee....... (NA)     02 June 2012

Roshni, my daughters need calpol/crocin whn they catch fevr. If i smday gv this advice to a new mother, does it mean i m a doctor?

Jvalmiki (Business Analyst)     02 June 2012

Hi, I have married a girl 8 years ago, it was love marriage. I was 24 yrs when It happened. From that point we dont know but nothing worked our way. I'm jobless till now or no stable job yet. We didnt have s*x till now. She was very panicking with frigidity probem. Slowly me too grew weak and depressed bcoz of tht im suffering frm s*xual weakness. We hardly stayed together, to count may be 3 years. Im deeply dejected in my life, experiencing guilt for everything and want to quit my marriage. Few months ago, as usually we tried to gather hope and tried living together but nothing was fruitful. She is very sensitive and suspicious woman. I dont understand why she want me and dont trust me either. I lost hope now. I need legal help to pull me out from this problem. I dont want our lives to get spoiled. Please help me.

(Guest)
Originally posted by :...Irene...
"
@ Roshni Ma'am,

"i can understand ur point.even we gals dont like men with moustache or beard.Clean shaven men are our priority."




Ma'am, we are not bothered about your preference/preference of women in general in this platform. Because this is a legal portal and not a SNS or a matrimonial site.The author had asked for a legal remedy. 

 

Please don't spam the portal with your personal choices/preferences. 
"


I agree.such thing can't be tolerated...neither medical advice in legal forum!

@Ranee, never  think  medication is similar to cooking or preparing babyfood..this is much different 


(Guest)

Now above social writer ask first this author is he ready to pay a bomb to get clean tongue of his wife or was he not right to ask legal way out as he was the one who is going to kiss that tongue day in day it had it been spotless not social replier

. an oral contraceptive pill that also in a brand new marriage ha ha

 

What these sentences are doing here in a legal forum?OMG!

Tajobsindia (Senior Partner )     04 June 2012

@ Roshni B. aka Later, Nina Rakheja,

 


1. An experienced advocate is expected to know not only Law but other subjects such as Arts / Commerce / Science / Politics / SST etc. too, to survive in h/er practice as various nature of cases lands upon us where other specialties pleading knowledge are also required to know and by following our dharma we are not supposed to turn them away stating we donot know medical so we will not take this case and that. So your que. to me is an ignorant stupid idiotic question.

 

 

2. In this query the fact in the brief of author is pointing to "Hirsutism" and "black spots" thus a marriage got non-consumated and legal remedy to annul the same is asked by a spouse.

 

 

3. The author wants annulment of his marriage and using available facts he has to plead before Court why they are "injurious to him to continue in his marriage" thus grant relief as prayed. Unless he argues that "Hirsutism" which is a hormonal misbalanced situation in his spouse resulting into “excess body hair growth” read with "body marks including one on her tongue" whose special knowledge he didnot have prior to marriage how he should continue in that marriage and or even consummate his marriage thus fraud in marriage committed and seeking annulment as relief as these conditions were hidden to him and thus are causing grave "injuries to him to continue in such marriage".

 

 

4. Now be known Hirsutism causes most often excess facial and body hair which are the result of abnormally high levels of androgens or male hormones in the blood of a female. Both the ovaries and the adrenals produce androgens. Females have ovaries and not males.

 

 

5. The circumstances which lead to high androgen levels in ovaries, which in turn can cause hirsutism are; Genetics / Polycystic ovarian syndrome / Ovarian tumors / Adrenal disorders. The adrenal glands which are located just above each kidney also produce androgens. The most common disease of the adrenal gland that can result in hirsutism is an inherited disorder called late onset adrenal hyperplasia. Adrenal tumours and other adrenal diseases such as Cushing's disease can also cause overproduction of androgens.

 

 

6. The non-surgical / non - laser effective long term treatment in such cases for common people who cannot afford surgery and its higher risk are suggested by prescribing Flutamide and Flutamide is a hormone therapy and is classified as an anti-androgen and is first line of combination treatment drug.

 

 

7. Doctors prescribe Flutamide in combination with Oral contraciptive Pills to de-regulation of females ovulation. Thus once a patient takes these two regularly the ovaries as well as adrenal will not stop producing excess hormones and it is most suggested line of treatment.[Here I don't want to write on what oral contraceptive pill does to check hormone levels since the reading by you will go out of hand and this post will be deleted on your puppy running to Admin / Mods] However you are welcome to consult your family doctor (if you have any) to check on authenticity of above medico legal info. stated by an Advocate who also handles MLC cases. Don't advocate supposed to handle "impotency" cases as it is a medical stuff? It is only idiotic people like you in our society who talk nonsense matters showing us that you are women and can talk anything in legal portals and mods. approves your loose talks here.

 

 

8. Now in any new marriage 'consummation" of marriage is vital ingredients to continue the marriage. Since the 'facts" as in para 1 were not known earlier to Author and if above medical treatment followed by the author then on one side the Flutamide tabs have to continue "indefinitely" as well as "Oral Contraceptive pills" also needs to be continued to achieve great amount of control on his wife's condition of "Hirsutism". Both medications have side effects and Nina mentioned one of the side effects though it was a sly remark to me but I will take it sportingly.

 

 

9. Now assume you are in authors position leaving aside for a moment Law and or Society and or apathy towards newly married wife. Will any sane spouse like to lead a marital life first without consummating it and second giving her life long treatment to control her hormones level and subject her life long treatment with combination drug of oral contraceptives pills too and third even if such life long treatments he undertakes the couple will not have children because the side effects of long term taking of such combination pills will show on her lack of reproductive capacity? So what this marriage is going to be all about for either spouse other than annuling it - just that was the que. was asked by a male you get authority to joke on advises given by an advocate askign me if I am a medical professional kya which I found the amusing!

 

 

10. On one side there is a brand new marriage and on other side your spouse is having life long treatment condition and top of it the spouse has body marks of varying sizes on her body which all were not mentioned to him / his side before marriage so in such marriages be honest will you consider living with such spouse till death do us apart in today's times by non consummation as well as no hope of a child of your own? BTW, Adoption / surrogacy common people donot opt so soon that is why Indian stats on adoption / surrogacy is still lowest compared to around the world. Remember ours is a customary society in general and couples donto rush to adoption / surrogacy due to social stigmas.

 

 

I know the subjects quite well which I talk here under various forums. Had it not been so I would not be making money through my professional practices.

 

 

If you have any favorite subject and you like to legally discuss them with me one on one and or with any of your favourite advocate here of your choice - you and your fav. advocate of choice are welcome anytime publicly!

 

 

Oh BTW I am one of the clean shaven / having no mustache advocate here so how does it sound in such discussions J

 

PS.: 

Daroon reply tajobsindia !

Rejoinder:

 

1. Tumi shotti darun !

2. But after remembering Bhupen da https://www.youtube.com/watch?v=vLL5dsIVCcc&feature=related

 



Suggested to stop playing internet games of copy cat since my surname is
Rakheja so you create a female member ID with Rakheja surname here and spread ignorance; it does not take your time pass to next level, you will always remain where you are PERIOD is my observations.

Ta ra rum pum pum............