file for annulment of marriage on grounds of fraud
2) since material facts had been suppressed sister can file for anullment of marriage within period of one year of discovery of fraud
3) contact a local lawyer
My brother in law did not declare his epilepsy before marriage
Dear Sir my younger sister arranged marriage done 3 months ego. Third day of marriage my sister knows about decise of his husband that is epilepsy. Day by day facts came front of her and she decided to tell us. Her in-laws forced don't your parent and you have to stay here. But situation is intolerable. When we get the facts then we decided to take back at home. Please suggest what we do now as my sister not want to stay there?
Asked 7 years ago in Family Law
Religion: Hindu
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6 Answers
Hi
1. Epilepsy is not a ground for filing for nullity of marriage after the Marriage Law amendment act . Hence suppressing the fact about the illness will not be considered to order nullity .
2. As per the existing legal provisions your sister can seek divorce on ground of cruelty of extreme circumstances within one year of the marriage. To file a divorce petition on ground of cruelty in the ordinary case one has to wait for completion one year.
3. Approach a lawyer and proceed further to file a Petition in the court for Divorce if your sister feel that there is no future with him due to his illness..
Thanks for reply. How much time it will be taken for divorce and any punishment for that kind of person who fraud us.
Asked 7 years ago
You can file for divorce only after expiry of one year of marriage
Contested divorce cases take 5 years to be disposed of
Suppression of the fact of the disease 'epilepsy' is not a suppression of fact material for marriage.
Hence this cannot be taken as a ground for annulment of marriage.
Where it was concealed that the husband had been suffering from epilepsy it would not suffice for the nullification of marriage; • Where it was concealed that the husband was suffering from fatal disease namely leprosy, venereal disease or AIDS etc, the wife files the petition on the ground of fraud shall be entertained by the court of law.
If she decides to file divorce case she can do it after completion of one year of marriage and not before that.
She can file a petition for divorce on the grounds of cruelty for the reasons that he suppressed his diseases he was suffering before marriage.
The time taken for disposal of contested divorce case may be from 3 years to 5 years as per the present trend.
Hello,
epilepsy can be a ground for divorce and it usually takes around 1 to 1.5 year to get a decree in your favor, and also you can file a divorce case only after completion of one year of marriage,
Usually police will not entertain a complaint of fraud in this regard but still you can try and give it a chance.
Regards
