• How to file nullity of marriage on grounds of concealment of facts

I am Fayeez Shaik from Nellore, ANDHRA PRADESH ,my wife is from Nellore. We got married last year, my wife is suffering from schizoaffective disorder even before marriage which was concealed with our family.

There are 2 questions which I would like to know as below:-

Concealment of facts before marriage like schizoaffective disorder which is incurable (symptoms noticed like hallucinations (hearing, seeing or feeling things that are not there),Impaired communication and speech, such as being incoherent, unusual behavior, Problems with managing personal care, including cleanliness and physical appearance

1.Can this be a ground for nullity case ? If so then being a muslim how to file the case on what section?
2.which is better of the two -Nulity or Divorce?
Asked 15 days ago in Family Law
Religion: Muslim

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9 Answers

The  provision seeking nullity of marriage is in Hindu Marriage Act, 1955, which  is not applicable to Muslim personal law which  is governed by Sharyat Act, 1937. The disorders claimed by you are valid grounds for seeking Talaq under Muslim personal law. Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage)  2019. You can give her Talaq-Ahsan which  is legal. You need to make a single pronouncement of Talaq during Tuhr (period of purity). After single pronouncement wife has to observe three iddat, subsequent  to which  Talaq becomes final.

  1. Visit Kazi of your local Masjid with two male adult Muslim witnesses.
  2. Produce id proof all witnesses wife and husband.
  3. Produce Nikahnama and photographs of all.
  4. Kazi will issue notice of Talaq to wife.
  5. Talaq will become final after three Tuhrs.

 

 

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

You can divorce  your r wife as per Muslim personal law 

 

2) it should be preceded by attempts at reconciliation 

 

3) fix date and time for reconciliation 

 

4) if it fails then issue 3 monthly consecutive divorce notices ,reasons should be mentioned for divorce 

 

4) pay her Meher amount and maintenance during iddath period 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Unfortunately there's no provision in general law for a Muslim male to file a petition seeking annulment of marriage.

However he has option to dissolve the marriage through Sharia law by prnouncing talaq in the legally permitted manner or to file a declaratory suit to declare that this marriage is null and void owing to concealment of facts material for marriage.

I have suggested two options above, you can adopt whichever is feasible.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Client,

Yes, this case is a ground for nullity since there was concealment about your wife's mental health. Under the Dissolution of Muslim Marriages Act (1939) and Muslim Personal Law, it is suggested that a person of unsound mind cannot contract a marriage and such a marriage if contracted is void. However, if the guardian of the person of unsound mind considers such marriage to be in his interest and in the interest of society and is willing to take up all the monetary obligations of the marriage, then such a marriage can be performed and may be considered valid.

For your second question, in a Divorce, there is a legal dissolution of a valid marriage when the relationship cannot be continued. Whereas, Nullity of marriage, on the other hand, means that the marriage is held null and void, that is the marriage is legally non-existent and a valid marriage did not take place at all.

Thank you.

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

You can divorce your wife as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

You have been explained about the provisions of law in this regard. 

You are not restricted from pronouncing talaq and wait for 3 months iddat period completion by which your marriage can be dissolved. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can file for annulment on grounds of fraud before family court. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

1. As per Supreme Court in the matter of Amina versus Hassan Koya , Non-disclosure of vital information which may affect the marital contract would amount to active concealment of a fact. 

- Hence if you having proof that she was suffering from the said diseases prior to marriage , then you an file a declaration suit before the family court for dissolve the marriage. 

2. You have a ground for dissolving the marriage . 

- Further , you can take her consent for mutual divorce under Muslim law. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Dear sir, 

Case 1: Anima Roy v. Prabadh Mohan Roy (AIR 1969, Cal 304)

In this case, the respondent was found to be suffering from schizophrenia 2 months after marriage. The psychiatrist who examined the respondent could not determine the exact time of onset of the illness. Consequently, it was held that the illness at the time of marriage was not proved. Hence the nullity was not granted.

Case 2: Kartik Chandra v. Manju Rani (AIR 73, Cal 545)

The respondent in this case exhibited abnormal behaviour after three days of marriage. The respondent had appeared for her matriculation exam three months prior to the examination. Observant of the above detail, the court presumed that this state of sanity continued till her marriage and the recent breakdown was not viewed as lunacy at the time of marriage.

Case 3

Similarly in another case as the previous one, the respondent had to be admitted into a mental hospital, just two weeks after marriage. However, incapacity at the time of marriage was held not proved because the disease was medically diagnosed to be of sudden onset which had been precipitated after marriage.

Case 4: Gurnam Singh v. Chad Kaur (Punjab High Court, 1980)

In this case, the court held that a diagnosis of schizophrenia only established the existence of a mental disorder. For a decree of nullity, it was essential to prove that the ailment rendered the respondent incapable of marriage and the procreation of children. The respondent was an educated individual who had given birth to a daughter. In the face of this fact, though the existence of mental disorder was established, the court refused to nullify the marriage because incapacity consequent to the disorder was not proved.

Case 5: C. J. Joy v. Shilly, (Kerala High Court, 1995)

In this case, the respondent started exhibiting signs of mental illness within 4 days of the marriage for no specific reason. It was concluded the respondent was a lunatic at the time of marriage, but also that the consent of the petitioner was obtained by fraud. A single judge of the Court had held that nullity on the ground of fraud could not be obtained in Christian Law. This ruling had been reversed by a division bench of the court.

I hope these cases help you to get some clarity regarding your situation

 

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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