I had filed annulment suit based fraud which was dismissed after ex parte hearing citing lack of evidence. I have also filed 420 case against wife and family. Wife then filed 498 Now they have agreed for compromise. Is it possible to file Review petion against dismissed ex parte Annulment suit, and this time the wife appears and says that she also wants the marriage to be annulled. Marriage has not been consumed and she is ready to accept that in the court, or mere statement that she does not want to contest the allegations and would like the marriage to be annulled be sufficient.
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1. The review petition can be filed but the scope of review is very narrow and it succeeds in only 1 out of 1000 cases. The better option is to file for mutual consent divorce if your wife wants to end the marriage.
2. Her mere statement will not result in the annulment decree being granted as the petition for annulment has been dismissed.
1) review petition can be filed from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the court which passed the decree or made the order.
2) there is no case for review in your case
3) best file for divorce by mutual consent
Settled the matter and go for Mutual Consent Divorce, there is no procedure in hindu Law for Mutual petition for annulment of marriage.
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If the conditions of sec. 4 of SMA are fulfilled then it is a valid marriage and can be challenged only on account of fraud.
2.If your wife is ready to cooperate then you can get annulement declaration / decree expeditiously.
3.Annulement can be granted on her admission under Order 12 Rule 6 of CPC.
Your petition for annulment was dismissed by the trial court citing lack of proper evidence to prove your case as reasons for that
This clearly indicates that it is not an exparte decision but a judgment on the case filed by you.
If you are aggrieved over the judgment you have to prefer an appeal before the higher court seeking to set aside the lower court judgment and allow your petition on the grounds you rely upon.
Since the mater has already been decided by the lower court, you cannot once again file a fresh case on the same grounds with her consent or not.
It will be barred by the operation of law of resjudicata.
You may have to either prefer an appeal or file a divorce case on the grounds of mutual consent.
You may discuss at length with your advocate or may even obtain a second opinion for another local lawyer on the basis of the relevant papers held in your possession and then proceed by which ever process that would be feasible.
Respected Members, The case was filed on the grounds that the fact that wife was not capable to consume the marriage was concealed and hence fraud.we could have gone for impotency as ground as well. The case was declared ex parte but we did not have medical certificates or any other proof to prove our point. Judgement was surprising for us as well, as the only way to prove it was medical examination order from the court, but the wife never appeared. Hence after assurance of cooperation from the wife I am considering Misc. petition or review petition and wife admits to the allegations.
Better go in for appeal to HC
The position of law has been explained in detail.
Any further opinion to your situation can be rendered only after scrutinising the order copy.
You may take a second opinion from another lawyer in the local by producing the order copies before him before proceeding any further.
The above judgement of trial court can be challenged in High Court , but since your wife did not appear and refused medical exam, you may not get relief from HC.
2. So , consider filing review petition.
Heed the advice of your lawyer who has perused all the documents.