• Annulment u/s 12 (1)(a) HMA fraud marriage

We are having only son, he is doctor and working as Captain in Indian Army.  he got married with a girl of our relatives, but she is in illicit relation with her paramour (since five and half year before marriage and even after marriage) also she refuses my son (her husband) for having sex (and physical relation) with her from first night, 5 - days honeymoon trip and up till now.  only once my son had done it forcibly after 3 months of marriage.
We are having all evidences in watts app messages that she had physical relation with her paramour before and after the marriage, and messages that she and her paramour will run away and lot of supporting messages and voice chats.

Marriage was sermonized and registered on 19 Nov, 2013 (6 months ago)
Now can my sine file the petition under section 12(1)(c) and fraud can be challenged in the court.
We are also fearing of conspiracy in the present situation.
Pl. Suggest.
Asked 2 years ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
yes he can file for annulment but before completion of one year of marriage.pls feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
it is very difficult to prove adultry under indian law, if she is not interested in living with your son then it is better that both of them go for a mutual divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
then in the mean time you can file petition sec-10 for judicial seperation
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. This is a case of divorce u/s 13 of HMA not nullity.
2. Yes case u/s 497 IPC does lies against the paramour.
3. File the adultery case asap.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if marriage has been consummated then you cant seek annulment. It is possible only by way regular divorce u/s 13 of hma or mutual consent u/s 13 B,provided she is also willing to go her own way.both the parties should have stayed separately for at least one year to move such a petition.

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Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
I also do agree with Mr. Devjyoti Barman.

Do Accordingly.

Mr. Barman has advised you the best possible opinion.
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
Not rated
Its my pleasure.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) no case for annullment is made out . 

2) your son can file for divorce on grounds of adultery . 

3) in addition your son can file complaint against his wife lover under section 497 of IPC

4) the best solution is to go in for divorce by mutual consent . if his wife loves another man convince her to go in for divorce by mutual consent . 

5) however to file case under section 13 B of HMA both should stay separate for 1 year an d then file case for divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1) well if father is not agreeable then your son should file for divorce on grounds of mental cruelty , adultery .  

2) refusal to have sex amounts to mental cruelty . 

3) the said petition can be converted later into divorce by mutual consent 

4) your son can also file case of adultery against his wife lover .

5) but unfortunately in such a case no action can be taken against wife
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1. This is a case for nullity. Your daughter-in-law has been in an illicit relation since before her marriage to your son. As a corollary thereto the marriage is liable to be declared a nullity. So your son can jolly well for annulment without having to wait for a year. 

2. If later on there is a positive agreement between your son and his wife to amicably end the marriage then they may file for mutual divorce.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Your son can seek divorce on ground of adultery . Her earlier relation before marriage is immaterial. You should have evidence of adulterous act after marriage only. You should confront the girl father with proof of her unfaithfulness . He might get ready for mutual consent divorce to save her honor- perhaps.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1. The marriage is not voidable hence can not be annuled on the stated ground,

2. File a Divorce petition u/s13(1)(i) of HM Act,1955,

3. Also file a case of adultery u/s497 of IPC against her paramour. She will not be punished on this account as an abettor.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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