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Vikas Gupta (Student)     30 September 2013

Nullity of marriage

There is a married couple their marriage was performed in June 2012 and the wife stayed at in laws house for four months . Where she behaved in an strange way like she tried to kill her husband then various household activities done in an strange manner . Later it was discovered from a relative that she is Mental Patient and she has a phsycological problem so after knowledge of such fact . Father of the husband called father of Wife and brother and discussed about it where brother admitted that she was going through a mental treatment and yes she is mental patient and this has been recorded in phone as an audio clip. So in this case can a Nullity of Marriage be filed on the ground that such huge facts were untold to make fraud ? Whether audio clip is permitted in the court of law? Please help on it? 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     02 October 2013

Mr. Gupta,

A marriage solemnized as per Hindu Law, shall be voidable and may be annulled by a decree of nullity on the grounds as mentioned in Hindu Marriage Act, 1955 section 12 (1)  however, it  should be proved with authentic evidence before the court about the mental infirmity of the wife at the time of marriage invalidating its solemnisation.  The evidence of pre-nupital insanity must be from which an inference in favor of insanity at the time of marriage may be convincingly deduced.   

Shantanu Wavhal (Worker)     03 October 2013

voidable

Vikas Gupta (Student)     03 October 2013

thank you everyone


(Guest)

This case pertain's to 12(i) c where supression of matterial fact's prior to marriage,hence it is voidable marriage U/s 12 HMA 1955.


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