• Annulment of marriage

My brother got married on 16/03/2017. The girl was in no condition to get married. She was really sick and she couldn't even perform saath pheras but they somehow they finished marriage ritual(tying the knot) in 10 minutes. Later they insisted us on taking her to our home but we called an ambulance and sent her to hospital. After being in ICU for 10days she was diagnosed with TB meningitis. We decided to break the marriage and filed for annulment. They are demanding us 50lakhs. Now we came to know that they are thinking of filing a compliant under section 498A. Is it possible to file a petition under that section? She dint even come to our house. Marriage is not consummated. Please guide on what should be done. My parents are really worried.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Until the annulment is done she will be considered your wife only. And even if they proceed to file a false case then the police will have to lodge it.

What you do is before them lodge a NC with police that they are threatening you.

In case they file a case, the court will certainly protect your interest. Do not worry

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After the recent decision of Supreme Court the 498a proceedings donot start directly first it goes to Renault welfare committe where the same statement and evidence to effect that she has not visited your house and they are threatening to effect to take money .

Also a police information cum complaint can be filed about there threats and money demand asking 50 lakh In lieu of annulment proceedings.

There can be no petition because still there is no cause of action as she has not filed any 498A but in there is always option to file an complaint stating all facts and threats.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No one will tell you the truth but courts usually dont allow divorce if you have an ailing wife you have to pull it all life, so settle it in the best possible way

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Anullment has to be filed within period of one year of marriage

2) you can go ke for divorce on grounds of mental cruelty

3) wife suppressing material facts of her illness amounts to mental cruelty

4) in case wife files false dowry harassment case apply for and obtain bail from sessions court

5) refuse to pay Rs 50 lakhs demanded by wife

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Yes they can file complaint under 498A stating your people demanded dowry and refused to take her home. Better if they file FIR get anticipatory bail. You can file for divorce but you need to prove grounds.alleged by you beyond reasonable doubt.

Better to file for divorce before they.file 498A as it will help you to get bail easily.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Annulment needs very strong ground to be allowed. If 498A is filed you need to secure ABA for all your family. You can try annulment as well as mutual Divorce but that will required 1 year of separation.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Hi,

You've rightly filed for annulment of marriage in the matter of your brother's wedding. You have strong evidence in support of your case like hospitalisation immediately after the ritual, admission in ICU and diagnosis of TBM. Keep all these evidence carefully as they form a vital part of your case. They can not file complaint under section 498A against you unless they have evidence to prove it. Even if they file this complaint somehow, you have these hospital reports to show the Police officers. Fight any matter on merit as documentary evidence is in your favour.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Immediately file for annulment, since now you've unearthed the fraud that was played upon you. Seek a decree of annulment under Hindu Marriage Act.

At any time they file a 498a Complaint against you, challenge the same and get it quashed by approaching the Telangana High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

See, yes it is possible to report a complaint of 498A whether it will be fake or real that will be decided by the court. You need to file the anticipatory bail for you and your parents in that case.

On the other hand you can also file written information in nearest police station about all the facts.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

498A can not stand but police may accept the FIR and you may get it quashed in HC on this ground.

The annulment is not possible for the curable disease ground but you may contest the divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello Good Morning ,

Though the marriage was not consummated they can file a case u/s 498A and also ask for the maintenance . However if your brother can prove everything before the court then he can surely get the divorce on the ground of sickness here . The case has merit and would go in favour of your brother if dealt with expertise.

Hope this helps.

Thanks and regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Querist

Immediately file an annulment petition before the family court under section 12 of the Hindu Marriage Act-1955 based on the Fraud.

they may file the false cases against your brother and other family members which can be a win after fighting.

don't settle the matter on their illegal and unreasonable terms and conditions.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Prevention of 498a cases

Prevention is always better than cure. If the husband and his family have not committed any offense under aforementioned sections, they have not taken any dowry or illegally kept with themselves the stuff belonging to the wife, they have not beaten the wife or caused any mental or physical harassment to her then they have every right to take precautions which I am going to mention now. The precautions mentioned here are based on an actual case in which the parties finally compromised their disputes but because of these preventive measures undertaken by the husband, husband’s family and he himself were saved from treading the fiery path of criminal justice system.

There are several ways that such evidences and precautions help the innocent accused persons –

1. Police may refuse to register FIR.

2. If not arrested yet, then accused persons get anticipatory bail more easily

3. If any of the accused persons have been arrested, it is easy to get regular bail.

4. This helps a lot during trial.

5. Once a person gets anticipatory bail or regular bail, it breaks back-bone of the criminal case of wife because the most a court can do is jail a person and this is averted by anticipatory and cut short by regular bail.

6. This also helps a both the parties agree to reach a compromise.

These steps to protect themselves from false section 498A cases and domestic violence criminal complaints (THIS IS NOT LEGAL ADVICE) –

1. They made a plan to protect their family and themselves.

2. They disposed off all property in their name. Example – they transferred it in the name of a known person/ friend. Once they were out of litigation, they got it transferred in their name again. (Take help of expert in doing so. Because you do not want that while you are trying to protect your property from wife, a friend misappropriates it.)

3. They maintained minimum balance in bank accounts. If they were privately employed, they asked their employers to give them salary in cash – without receipts. And then they do not show income in income tax returns.

4. They made recordings – voice and video. One of our clients had camera installed in bedroom and he was able to prove adultery of wife.

5. They made separate residence proofs – far from their own parents and family.

6. They lived separately with their wives and away from their parents.

7. Exceptional circumstance – The ones who were planning to go abroad before marriage sold all their properties and went abroad without informing their wives and relatives. (Thats like saying “Now do what you want – We are not coming back.”)

8. File quashing of FIR/ quashing of criminal complaint/ quashing of order under section 319 of CrPC.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

You have many plus points in your favour. You just file a criminal case against them immediately under section 415 and 420 of Indian Penal Code for having cheated you. The moment they file 498A case you just obtain stay order and also file divorce case by way of seeking annulment of marriage. The relevant sections and relevant law is herewith under given:

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.”...

Section 415 in The Indian Penal Code

415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper¬ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations

(a) A, by falsely pretending to be in the Civil Service, inten¬tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

Section 420 in The Indian Penal Code

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de¬ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Grounds For Annulment

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:

1) Either spouse was already married to someone else at the time of the marriage in question;

2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);

3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;

4) Either spouse was mentally incompetent at the time of the marriage;

5) If the consent to the marriage was based on fraud or force;

6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;

7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.

8) Prisoners sentenced to a term of life imprisonment may not marry.

9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

Basis Of An Annulment

In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act.

Section 5 Condition for a Hindu Marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) Neither party has a spouse living at the time of the marriage;

(ii) At the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two:

An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

They will be using all tactics to extort money from you.

It is for you to defend your interests on the basis of the fact, documentary evidences and merits.

No doubt what they intend to do or their exorbitant demand for settlement is unjustified and also illegal but they will be having greedy people on their side too sho may instigate them on such things since they know that they have done wrong thing by getting her married to you however for survival they play such dirty tricks.

You can very well challenge their allegations int he trial proceedings if at all they file a case and it is coming up before a court of law.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Yes she can. With the help of some clever drafting, it can be made out to be a fit case of 498A. However, without proof, she may not be able to substantiate her case. In such a case, i would advise you to work on your annulment case and make it strong rather than being worried about what she can or cannot do. Take all papers from the hospital if you dont already have them. Have your relatives who attended the wedding come as your witness.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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