• Annulment of marriage

Dear Sir,

i have married for 3 months. i got married on 11 nov 2017.
marriage is not consumated as the girl/bride is having impotency or dyspernia as described by doctor and doctor ie gynaecologist has given letter dated 9th feb 2018 evidencing non comsumation of marrige even after certain visits and treatments.now i have sent her to her home. Also the girl is mentally depressed and had one bad attack of insanity at night on 11 feb 2018 and i didnt know before marraige as it was arranged marrage. but i did not have proof of her mental condition. Also  they have hidden the fact that she had black patches/ marks in her groin vagina and hips area till abdomen. i was shocked to see that on my first night.  i made all marrage expenses and did not take dowry from them at all. can i annul the marriage on these grounds.. ??
non consumation of marriage and fraud like hiding of those marks as they are unacceptable to me.
Asked 2 years ago in Family Law from Kalyan, Maharashtra
Religion: Hindu

You can file for anullment of marriage on grounds of fraud and impotency of wife

2) rely upon doctor medical report in your possession

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

Yes, this is a fit case to seek annulment, since your marriage has not consummated due to the impotency of your wife and the fraud played upon you to fall for this marriage.

File a petition seeking nullity of your marriage.

Move an application under sec. 27 of the Hindu Marriage Act to recover the expenses that you incurred on this marriage.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

immediately lodge a complain before local police as you are fearing false cases of domestic violence, maintenance and 498A and seek protection and moreso file divorce with doctors certificate

Aveek Bose
Advocate, Kolkata
1085 Answers
7 Consultations

4.7 on 5.0

Hello,

Section 12 of the Hindu Marriage Act reads as follow

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

Therefore you may go ahead and file a case of annulment on this ground, annex all the required medical reports with your petition.

Also you may file annulment on the ground of fraud, refer to the following link for a detailed analysis:

http://14.139.60.114:8080/jspui/bitstream/123456789/16072/1/031_Hindu%20Marriage%20Act%2C%201955_Fraud%20as%20a%20Ground%20for%20Annulment%20%28520-534%29.pdf

Regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Hi, yes you can file for annulment of marriage on the medical grounds ..impotency is a valid ground of annulment of marriage ..

Hemant Chaudhary
Advocate, Gurgaon
4336 Answers
34 Consultations

4.9 on 5.0

Impotency is ground of disvorce .

If tests prove your spouse is unable to have sex or if your spouse refuses the tests—the judge may grant your divorce.

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

Hi,

All the ground you provided are not the ground for the annulment of the marriage. the phobia for the pain can not be treated as the impotency.

You need to wait for a year to complete and still if you feel that you are not going ahead in this relation the file a Divorce petition on the compatibility issue instead of the reasons you provided because all these are contestable and will take alot of time.

Vimlesh Prasad Mishra
Advocate, Lucknow
6299 Answers
20 Consultations

4.9 on 5.0

Hello,

Yes she will be required in the court. Her testimony will also be required, no order will be passed by just relying on the medical report. At that juncture you may ask for a report from a government doctor.

Nothing is smooth in law, you will have to face the rigors. Notice will be sent to her, she will also appear and tell her story.

On what terms are they agreeing for settlement?

Regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Q. if i file for annulment. the doctors ie gynaecologist letters are enough or testimony of my wife will be recorded?

And.Yes, the medical evidence you have is sufficient, unless your wife dislodges the same by producing counter evidences.

Yes, she will be required to participate in these proceedings, In case she does not turns up before the Court, the Court will proceed to file the matter ex parte.

Yes, the evidences you have with you are sufficient to initiate a case for annulment.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

it should plus if any test which doctor asked to do, such reports should be filed too

Aveek Bose
Advocate, Kolkata
1085 Answers
7 Consultations

4.7 on 5.0

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

So annulment can be seeked and the reports of gynecologist pertaining to the impotence can be relied upon.

Also the fraud along with impotence can be ground getting marriage annulled.

File under section 12 of hindu marriage act

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

you have a air tight case for Annulment on the ground of non consummation of marriage duly supported by the certificate of a medical practitioner. Even if your wife denies this or challenges the certificate issued by her treating doctor, you can rebutt the same by summoning the Doctor to testify and also substantiate the contents of his medical certificate in court.

Also you can seek for waiver of the mandatory 1 year waiting period before filing of the Petition in the family court.

Kiran N. Murthy
Advocate, Bangalore
1259 Answers
178 Consultations

5.0 on 5.0

Yes the wife will be called upon examination as exparte order in annulment shall not be passed till your wife avoid such proceedings intentionally.

Medical reports on impotency will suffice the ground if not contradicted by your wife by filling other reports disputing reports filed by you.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

Mere gynaecologist letter is not sufficient

2) your wife would be issued notice

3) she can contest the anullment proceedings

4) lead evidence that she is not impotent

5) she can get herself examined in govt hospital and rebut the report of your gynaecologist

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

1) Yes, you can file suit for Annulment of Marriage and you have sufficient evidence in your hand. So you can proceed further. If you require any help or guidance.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

Hi Dear client

There are two ways to to legally end marriage - annulment and divorce. Annulling a marriage is as though it is completely erased - legally, declares that the marriage never technically existed and was never valid.

A divorce or dissolution of marriage, is the ending of a valid marriage, is the ending of valid marriage between man and a woman.

The following is a list of common grounds for annulment of marriage :

1. Biagamy : either party was already married another person at the time of the marriage.

2. Forced consent

3. Fraud

4. Marriage prohibited by law

5. Mental illness

6. Mental incapacity

7. Inability to consummate marriage

8. Underage marriage

As per the above grounds you can go for annulment of marriage and dear client you got good case to file the case against for annulment of marriage.. nothing to worry you can go ahead.

I would like to tell you if you want go for divorce/ dissolving the marriage the major grounds are:

1. Adultery

2. Desertion

3. Physical/ emotional abuse

4. Cruelty

As per the law you got all rights to go for annulment or divorce.

For further details call me. Thank you

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

If you have filed a suit for annulment under section 12 of Hindu marriage act better get commissioner appointed by court to conduct medical examination on her. Since she may contest that your medical reports are fabricated. You can also file for dissolution of marriage under cruelty ground that Is Sec 13(1)(a) of Hindu marriage act.

Swarnarka Chowdhury
Advocate, Mysore
1804 Answers
4 Consultations

5.0 on 5.0

Dear Sir,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Kishan Dutt Kalaskar
Advocate, Bangalore
5008 Answers
158 Consultations

5.0 on 5.0

Respected sir ...

you have to file a petition in the court under section 12 of HMA seeking decree of nullity of marriage from court ..a petition of nullity of marriage is presented by any of the spouse is contravenes any one of the conditions specified in clause 1-4-5 of section 12 ...

sir to get such decree you need the certificate from doctor as well as his testimony in the court along with the testimony of your wife as court will have to follow the principal of natural justice if doctor issued her a certificate then you need not to worry you will easily get the decree from the court

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Yes, if what you have mentioned in the query is correct, you should be able to seek annulment of your marriage on the ground of fraud and misrepresentation. However, i would advise you to harp more on her impotency or dyspernia and the mental condition rather than the black patches for the same.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Yes doctor's letters enough for testimony of my wife will be recorded.

Yes she will be required to attend the proceedings

Yes it will enough for the annulment and try to make the doctors as witness to your matter.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Non consummation is ground for divorce and not annulment, obtaining of consent by fraud is ground for annulment.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

1. You can file a petition before the Court praying for annulment of your marriage on the ground that vital information about her mental ailment, dyspernia and also physical deformity was suppressed from you while availing your consent for the said marriage and had the said fact been made known to you, consent for the said marriage would not have been given by you.

2. Such application for annulment of marriage shall have to be filed within 1 year from the date of your having come to know about the facts which were suppressed from you and not after that.

3. So, you can file it right now.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

1. You file your annulment petition with the prescription and certificate issued by the doctors.

2. The Court might direct your wife to be medically verified by doctors of a Govt. hospital for giving medical report in connection with your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

You can annul the marriage but the grounds must be just and reliable. You can't annul on the basis of marks on her body. I'd mental condition was not told to you or any material fact was deliberately concealed from you then only you can go for annulment.

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

You file for annulment of marriage. The court will send your wife of medical examination again

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.0 on 5.0

If the marriage was not consummated owing to her impotency and other incurable disease namely insanity or mental ill health which was material to marriage but suppressed by her parents, you may file a petition seeking annulment of marriage on the same grounds.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The doctor's certificate that she is mentally incapable for a physical sexual relationship shall be a strong evidence to support your pleadings seeking annulment of your marriage with her.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

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