Hello,

If such is the case then you can file a petition for annulment of marriage.

FIR will not be maintainable in this case, if you do not have any prove that you were not given the right information.

Since she is suffering from a disease and the same was not informed to your earlier therefore you can file a case for annulment of marriage in India.

Regards

You can file for divorce on grounds of mental cruelty

2) wife suppressing material facts about her illness amounts to mental cruelty and is ground for divorce

3) alimony is at discretion of court and depends upon your income , wife income , standard of living etc

4) best option is to file for divorce by mutual consent

Hi,

If you are looking to file for the divorce you should have the proper grounds. The obesity or the education or thyroid are not the grounds for the divorce.

You have not mentioned any behavioral problem of your wife except the obesity which has a cure.

If you go for the divorce, this is for sure will be taken by court against you. You must have checked all the information before getting married.

The alimony and maintenance are based on the socio-financial status of the parties and quantum of the alomony and maintenance u/s 125Cr PC during the pandency of the petition is decided by the court.

1. Well, if your in laws are willing for divorce then continue this talk till finalisation of settlement.

2. Don't file case at this juncture as if they file cases then apart from getting divorce even chance of free movement to your place of work would-be jeopardised.

3. If talk of compromise for mutual divorce fails then only file suit for nullity of marriage with alternative prayer of divorce.

4. However no case of cheating will lie against your wife or in laws.

1) If you don't want to go for divorce than its ok.

2) If your wife goes for divorce and file case against you for alimony than it will be costlier for you and your family.

a) whether she is working women or house wife. If she working women than you don't have to worry abt it for alimony, but she is house wife than she is entitled for alimony and the alimony amount depends upon your income.

3) If they go for divorce with mutual consent than you have little bit hope of bargaining.

For further details do select consultation call

This may not come under cheating offences.

The completion of B.Tech or not cannot be considered as cheating because it is not a material to marriage.

The thyroid is a curable disease hence ther is no valid reason for calling it as cheating if it was suppressed before marriage.

If they file a maintenance case, it becomes their duty to prove your income with substantial proofs.

Vague information about your salary or any other income without solid or substantial or authentic proofs may not be acceptable and you can defend your interests on such flimsy and vague informations.

You should give another chance to save your marriage since thyroid is curable and if she is willing to live with you she may make a better partner since she is knowing about for the past one year, it is again your choice and decision.

Hello sir, you can file divorce on the grounds of cheating and infertility...

is it possible for me to apply divorce and put a cheating case against her father?? Cheating is possible provided if you can prove deception from the inception. Sufficient documentary evidence has to be given to the police to establish cheating. Therefore, be slow if you are not prepared. However, you can file a divorce petition on the grounds of cruelty.

What could be the consequences for Alimony as my wife father acquired good property from his father - Irrespective of any strong ground, alimony is mandatory and cannot be avoided.

I would like go for divorce option only in case they file if not no - If they file divorce, try to settle without alimony and mutual consent.

1. Yes you can file annulment based on 1 and 2.

2. For mutual consent divorce you must stay apart for 1 year (that we can show from back date, if both the parties agree ). Also, the same can only be filed after 1 year of marriage.

Regards

4. Can I file Annulment of Marriage ?? based on 1 & 2 & Alimony issues? Again, difficult to prove oral account unless it is corroborated by material documents. They shall deny such averments.

7. How many days we should stay apart to have mutual consent divorce :- As per S.14 of the hindu marriage act, no petition shall be entertained if presented within one year of marriage.

For point 1 & 2, you can fight but in 3rd point you have mentioned you are doing treatment of her, her parents may deny till marriage she was fine and all that trouble took place in post marriage.

In all first 3 points will work against you, why you have kept silent si many days.

For point 4 you file annulment of marriage on point 1 & 2, but burden of proofs lays on your shoulder. And you can't ask for alimony.

For point 5 yes your wife can ask alimony and uts depends upon your Income.

For point 6 its okay

For point 7. After 1 year of marriage. You can file for Mutual Consent Divorce and the cooling wait period is from 06 months to 18 months. Meanwhile court may appoint a counselor for mutual patch up and ask to withdraw the divorce application. If you insist to go with MCD the points are noted and forward to judge and the court passes order of MCD.

Still you have any concern please feel free to contact me via consultation call.

1) annulment should have been filed within period of one year of discovery of fraud

2) you should be staying separate for period of one year for filing divorce by mutual consent

The above 2conditions you can not ask for the divorce and not having a property is not an issue and any liability arising due to the petition will be your responsibility and recovered from you only the way court decide.

There are other tested ways to recover the amount as allowed by the court which we can not discuss now as not relevant.

To file a divorce, you will have to come down to India. Once you personally file the divorce case and appear before the Court, you may depute a POA holder on your behalf to represent you in this case.

Either of the parties may approach the Court to obtain a divorce. If both the parties are ready for divorce, one may apply for divorce by mutual consent.

If your consent for this marriage was obtained by fraud, you are free to apply for annulment of this marriage.

If you go for divorce, she may very well seek alimony from you.

One year separation is mandatory to file MCD.

Petition seeking annulment of marriage on the said grounds is not maintainable.

This is not a ground or reason for seeking annulment of marriage as per section 12 of Hindu Marriage Act, 1956.

The period of separation should be one year or more for filing petition seeking divorce on the grounds of mutual consent

1. You have already completed 1 year of marriage and had come to know about her qualification and ailment after your marriage.

2. You should have filed a petition before the Court or annulment of your marriage for obtaining your consent for the marriage by suppressing the vital fact within one year of your coming to know about the vital fact which was suppressed from you but now the time appears to have been elapsed.If you have come to know about her ailment recently, then you can file the petition praying for annulment of your marriage and in that case, you won't have to pay any maintenance or alimony.

3. For filing divorce case, there should be ground acceptable by the law like cruelty and since you stay abroad, it will be difficult for you to prove her act of cruelty on you for seeking the decree of divorce.

4. Her father's earning or owning of property has nothing to do in your claim for reduction of maintenance amount to be paid to your wife in case she asks for it. However, if she is highly qualified holding B.Tech degree and capable of earning for maintaining herself, she will not be considered as eligible to get any maintenance from her husband.

1. If you have the evidence that her father or herself had informed you that she has passed B.Tech which she is not then you can file an annulment petition for that reason and also for hiding her ailment as advised in my earlier post.

2. If your marriage is annulled, she will not be entitled to any alimony since the marriage itself is annulled.

3. If during the pendency of the case, she claims maintenance, you shall have to counter it fittingly on the ground that she is highly qualified to earn her own livelihood which makes her ineligible to claim any maintenance from her husband.

4. For filing MCD petition, you shall have to stay apart for 1 year. However, no one cross checks the fact of the period of separation if both the parties claim the same in the joint MCD petition filed by them.

You can file divorce petition on the ground of mental cruelty against her in the court of law with the help of any local good advocate.

Annulment of marriage is not possible on basis of abovementioned grounds. You need to opt for divorce.

There is no requirement of staying apart in case of having mutual consent divorce.

You can appoint any trustworthy person through special power of attorney who can take decisions and appear on your behalf in the court of law.

There is no hard and fast rule to calculate the maintenance amount, it all depends upon the lifestyle, economic and social status, education and earning capacity, debts, loans, liabilities, responsibilities of both the parties.

1. What evidence do you have to prove that your father-in-law cheated you? To conceal information about an ailment before marriage does not amount to cheating. The only thing you may do is file a petition for annulment on the ground that your consent was induced through fraud by suppression of material facts.

2. Mutual Divorce is the most speedy and hassle free way to dissolve a marriage in India that has broken beyond repair as it takes only 6 months and no allegations are to made against each other. In order to apply for mutual consent divorce you do not have to stay apart.

If she is financially well to do and also earning you don't have to pay ailmony.