• Annulment of marriage

I got married on in May 2018. My wife stayed 14 days with me after which she went to her parental home citing she needs to look after her siblings as her mother had a surgery. But even after 1 month she didn't returned to my home. She was telling me that there is pain in her legs and she will come soon. After 1 month I went to pick her up to my surprise she barely could walk and needed my assistance to climb stairs. She stayed another 1 week with me and during that time was completely bed ridden. After examination we got to know she is suffering from a chronic spinal cord disorder named Ossification of the posterior longitudinal ligament (OPLL) and she needs surgery of her entire back bone. Any how in July she went through a surgery but doctors says in future she would require more surgeries and might get paralyzed too. It was a chronic disorder which takes around 8 years and is progressive in nature. She also denied to have any physical relation with me citing she is in pain. And me and my family also were not informed about the disorder thus I have applied to nullify my marriage in family court I have few queries. 
1 How much time will be taken to nullify my marriage? 
2 Her disorder is very rare not much is known about it and more research are going on and her entire back bone needs surgery. If medical board still says she is fit for matrimonial life what can I do ? I don't want to continue this marriage on any cost. I have been cheated and my lawyer tell also tells me to find her treatment papers before marriage which I am unable to do so.
3 To Stop her from entering my parents house I have and my wife have been debarred by my parents I will have to stay outside? till then decision is given by court ? As she has tried to entered my parents house in my absence i m living sperately.
4 Last what are my chances to win ? As all laws are in favour of girls
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

1. Around 1 year.

2. You raise the allegations that this disease is a rare one and happend before marriage.

3. This is in your favor, the consent for the marriage has been taken by fraud and hence a good ground for annulment.

You have a bright chance to win the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, it is advisable to file for divorce on her medical grounds ..Medical disorder is not a ground for making marraige null and void ...A marriage is said to be null and void if it is in not as per Hindu marriage act ..You should file divorce instead of nulity

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You stay away from your parents house and ask the parents to file a suit of injunction, thereupon restraining her entry from your house.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Sir the contested nullification can take 2- 3 years.

2. Sir you were not informed about her disease further her all backbone require surgery board wont give such report. even if board gives approval then also hiding chronic disease amount to cheating .

3. See you can stay with them if she leaves separately parents can take an injunction order against her.

4. Sir you may succeed if the cheating is established before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir you can stay separate from parents and same time injunction order can be sought by parents.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File for anullment of marriage on grounds of fraud

2) if wife has suppressed material facts about her illness it is ground for anullment of marriage

3) anullment May take 3 years or so to be disposed of

4) your parents have to obtain court order restraining daughter in law from disturbing their possession of house

5) you hav good case on merits

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You should stay in rented flat separate from parents

2) it will insulate your parents to some extent in case she files false dowry harassment case against your parents

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear client

You just prove that the disease she is carrying was a pre existing chronic disease and they have willfully hidden this fact from you at the time of marriage. You also allege that their was no cohabitation between you till now due to this disease and thr marriage be anulled on account of fraud played by them.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

1. Petitions under Hindu Marriage Act take around 2 years to be decided.

2. If you apply for nullity on the ground of suppression of her medical condition then you will have to prove the alleged suppression. UNless you do this the marriage cannot be annulled.

3. A wife has no right to reside in the house of her in-laws if the husband is not residing therein. The house of in-laws attains the character of shared household, as envisaged under DV Act, only and only if the husband is residing in it.

4. You can stop her from entering till such time that she has a residence order in her favour issued by the magistrate.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. No time limit can be predicted. Civil suit in India takes time and it should be not less than 4-5 years.

2. You have rightly filed the suit for annulment of marriage as it is material suppression of act.

3. If the house owned by your parents then they can file a suit for injunction to stop her from entering. otherwise they can physically restrain her but she can get an order of residence from court if she files a case under PWDV Act.

4. If you manage to prove that the disease was concealed at the time of marriage you will get the decree in your favour.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been cheated by them.

Secondly, even if you are not able to find the old prescription of any sort then also it is proven that she has since befor your marriage.

Thirdly, you may surely get the divorce on he ground of concealment of facts.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Denying sex to spouse is a ground for divorce and also you can file divorce under the grounds of medical unfit but you need to prove through medical reports.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) If you want to go for annulment of marriage than one need to prove in the court of law that before marriage your wife had the posterior longitudinal ligament (OPLL) and doctor has guided her to go for operation treatment.

2) If you are not able to prove this, than your marriage will be continued.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. It can take 1.5 to 2 years.

2. Since you have been trapped into this marriage by fraud, you have fair chances of winning this case but you need to substantiate two thins. a) that she was suffering from this disease prior to getting married to you and she had knowledge of the same b) she has hidden the factum of her disease from you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You can file case of annulment of marriage. The following information may kindly be read.

What's the Legal Difference Between Annulment and Divorce?

There are two ways to legally end a marriage - annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid.

A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide.

An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy - either party was already married to another person at the time of the marriage

Forced Consent - one of the spouses was forced or threatened into marriage and only entered into it under duress

Fraud - one of the spouses agreed to the marriage based on the lies or misrepresentation of the other

Marriage Prohibited By Law - marriage between parties that based on their familial relationship is considered incestuous

Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of the marriage

Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent

Inability to Consummate Marriage - either spouse was physically incapable of having sexual relations or impotent during the marriage

Underage Marriage - either spouse was too young to enter into marriage without parental consent or court approval

Depending on your state of residence, a divorce can be much more complicated than an annulment. Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.

Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the "guilty party" or the cause for the marital break-up.

Many states now offer the "no-fault" divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a "guilty party," some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional, "fault" divorce.

A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce that apply in every state are listed below:

Adultery - one or both spouses engages in extramarital relationships with others during the marriage

Desertion - one spouse abandons the other, physically and emotionally, for a lengthy period of time

Physical/Emotional Abuse - one spouse subjects the other to physical or violent attacks or emotional or psychological abuse such as abusive language, and threats of physical violence

Your state law and particular situation will determine whether or not your annulment or divorce will be simple or complex. Familiarizing yourself with the laws for your particular state is the best way to learn what your rights are in the case of a marital dissolution and help you determine whether an annulment vs. divorce is right for you.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Sir,

Your case is fit case for divorce on being cheated of facts of disease.

You can have a meeting or consultatation session for discussing issues in detail.More over laws favour women but it is not only made for them.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. It is another regular case hence it may take at least two to three years to get disposed,

2. Not to discourage you, but in my opinion, you may not get any respite or a favorable decision from court since this is not a strong ground for annulment, you may have to wait for one year , withdraw this cae and file a fresh case on the grounds of cruelty citing the same as reason for mental cruelty.

4. In my opinion, the case may not be maintainable

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

I raised allegation that she is not fit for married life as she need surgery every once in a while. Disorder is rare in India and also mentioned that I was not informed at all.

Sir shall I stay away from my parental home ? As I cannot stop her from entering where I live she is desperate to enter my house. She is a governments teacher. But I do not want to keep her.

You can stay way from your parents house, that is your decision but you cannot stop her from entering the house where you reside, she has rights to live in the place where you reside till she is your legally wedded wife.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer