Can Nullity of marriage be filed on grounds of concealment of facts? I am Srikumar from Pune ,my wife is from Lucknow. We got married early this year, my wife has left home after one and half months after marriage because of her illness and not returned so far. There are 3 questions which I would like to know as below:- Concealment of facts before marriage like Type 2 Diabetes ( Symptoms noticed in this aliment-Increased Thirst,Frequent Urination, Extreme Hunger ,Weight loss ,Fatigue, Abrupt Behavioral changes ,Fear, Blurred Vision, Skin problems, High blood pressure , etc) 1.Can this be a ground for nullity case ? If so what type of documents to be produced in Court? 2.If nullity case fails, then thereafter appeal for filing divorce case possible? 3.If the respondent suffers from Type 2 diabetes, which is better of the two -Nulity or Divorce?
you can file for annulment of marriage on grounds of fraud
2) if wife has suppressed material facts that she has BP , diabetes it is ground for anullment of marriage
3)you need to enclose evidence of her diagnostic report , her prescription for medicine to prove her illness
4)you can file appeal in case your petition is dismissed
5) better is anullment of marriage on grounds of fraud
Concealment of fact would fall under the category of fraud and it would lead to annulment of marriage under section 12 of Hindu Marriage Act. You can take this ground for declaring the marriage void.
For divorce couple should be married for atleast a year in your case this is not the position and divorce proceedings take long time. Therefore Annulment is a better option, which would take time of year.
1. Yes, suppression of material facts does give rise to filing of suit for nullity. The medical papers showing her pre existing disease then it is enough. otherwise you can apply for formation of a medical board to test whether it is existing prior to marriage or it has been contracted after marriage.
2. In the nullity suit you can apply for alternative relief of divorce as well. It is permissible.
3. Apply for both nullity as well divorce in alternative.
Hi
1. Yes this can be the ground for nullity of marriage you need to produce her medical reports confirming the disease and some evidences to prove that this thing is not disclose to you during or before the marriage.
2. Yes Appeal of divorce is possible if the nullity of marriage fails.
3. On the basis of type 2 diabetes you should try for the nullity of marriage first.
Thank You
Hello sir , instead if going for nulity of marriage , if is advisable to file for divorce on the grounds of her medical status .. The nulity of marriage can only be filed when the marriage is not performed under the Hindu marriage act... Was she a diabetic patient before marriage ? And if so , do you have any medical reports supporting it?
Dear Client,
Concealing material facts before marriage is no ground to nullify marriage but to divorce, but it will be difficulty to prove that this was not disclose to u before marriage without cogent evidence. Neither it will be easy to prove fraud played on u.
You may apply for nullity, on this, for your consent for the present marriage was obtained by fraud.
This is sufficient to approach the court to file a petition for nullity.
Go for nullity and not for divorce.
1. If you can not prove that she was aware of the said ailment then it will not be possible for you to get the decree of annulment of marriage on the ground of concealment of vital information. Moreover, some court might not consider information about having diabetes is a vital information.
2. Divorce suit can be filed based on acceptable ground like cruelty. It is improper to first decide about the divorce and then search for grounds. One such ground for seeking the decree of divorce is cruelty and if you have any such evidence to prove her cruelty, you can file the divorce suit based on the said ground.
3. Having Type 2 diabetes is no ground to seek decree of annulment or divorce as explained above. seek for more acceptable ground.
Bases on the facts described by you I would suggest you to file a case of annulment on the ground of fraud, suppression of major facts with regards to disease amount to fraud which is a ground of nullity.
If the petition is however dismisses then you have the option of filing an appeal, file all the required documents with the annulment petition to support your cause and facts.
Regards
You can file case for nullity of marriage, as the facts mentioned by you, the concealment of the facts about the grievous deceases is a ground for the same.
Nulity
1. The disease what you have mentioned is nto a covered under the diseases that are material to be revealed for solemnising the marriage.
The suppression of the fact of this disease is not cheating nor this this is material to the marriage hence annulment case is not maintainable.
2. You can file a divorce case on the grounds of mental cruelty and desertion or voluntary abandonment of the matrimonial home after completion of one year from the date of marriage.
3. This cannot be a ground for nullity or even divorce.
