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Rahul Arjaria (Law Student)     28 June 2012

Requst for help on annulment of marriage

 

Dear Sir/ Madam,

I have also filled a petition for annulment of Marriage under Sec 12 (1) (1-C) as my consent for marriage was taken by fraud. Following facts were concealed from me:

1. The girl was suffering from Symmastia/ Conjoinal Breasts (i.e. both the breasts are joined leaving no cleavage) since puberty.

2. The girl was suffering from Intra Mular Fibroids in uterus which she got operated before marriage & without my knowledge.

The girl got the case tranferred to other city of her choice after an ex-parte proceeding oder was passed by the court in my city. Now after one year of service of notice the girl has submitted her WS stating that they had informed me well of the fibroids & the operation was carried out in my supervision. Also she has denied that there is no deformity named as Symastia. She has claimed cohabitation in her WS bur in reality we never cohabitated.

I have all the medical documents proving the operation before marriage. I have an affidavit sworn in by the girl in district court campus stating that she has taken all her stuff/ Stridhan and is leaving me for ever. I also have some letters written by her as diary entries accepting the fraud done to me & my family.

We lived together hardly for 2 months and that too as I was threatened by her father for cases like 498a, & 406. The petition for annulment of marriage was filled within four months of marriage.

Pls help me with your expert advises that what should be my course of action and my chances to win.

regds



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 June 2012

The evidence that you have seems cogent enough to me to fetch you a decree of annulment. She has indulged in utter falsehood.

Rahul Arjaria (Law Student)     28 June 2012

Thanks for the reply Sir,

Pls advice me that how to prove non cohabitation in court?


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