• Hirsutism before the marriage and suppressed can be ground of nullity of marriage

For both of us it is a second marriage, whereas for me first marriage end with my first wife death, for her first marriage wind with divorce. However, she hid the original reason behind the separation in the first marriage, which is due to hirsutism, that male like hair pattern in face, chest, stomach and various parts of body. She continue to hid even after marriage using various methods such as shaving, using soft cream to remove hairs, and foam etc.. After finding the truth she shouted and escalated with her family . Now she filed Domestic violence case against me and my family. Can file case against her as fraud and request for nullity of marriage under hindu marriage Act...
Asked 2 years ago in Family Law
Religion: Hindu

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5 Answers

Hirsuitism is a condition in women that results in excessive growth of dark or coarse hair in a male-like pattern — face, chest and back. 

Treating the underlying cause of hirsutism can improve the symptoms.

Long-term medication may slow hair growth, but it usually will not get rid of existing hair on the face and body.

However this cannot be considered as a material fact that has been suppressed at the time of marriage.

If you do not want to continue this marriage you may have to wait for one year of marriage and can file a contested divorce for the reasons you rely upon.

If she has filed  a DV case on false grounds, you may have to challenge the same on merits from your side.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Hirsutism is a common clinical condition seen in female patients of all ages. It affects around 5-10% of the women and is a common presenting complaint in the dermatological out patient department for cosmetic reasons.

 

2) if wife has suppressed fact that she was suffering from hirsutism you can file petition for annulment of marriage on grounds of fraud 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- As per Section 12 (1)(c) of the Hindu Marriage Act, 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 the ground that the consent of the petitioner or where the consent of the guardian in marriage of the petitioner was obtained by fraud . 

- Since, your marriage was performed after keeping you and your family members in dark that she has such problem/diseases , and she has concealed the truth facts from you at the time of marriage, then you can file a petition before the court to declare the marriage as null and void.

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

To seek nullity of marriage (annulment) under the Hindu Marriage Act, it typically requires certain specific grounds to be met. One of the grounds for nullity can be "fraud." However, not all cases of fraud may lead to nullity of marriage.

 

In your situation, if you believe that your wife concealed a material fact about her appearance or condition before marriage, and this concealment amounts to fraud that goes to the root of the marriage, you may consult with a family law attorney to explore the possibility of seeking nullity of the marriage. The key elements would include demonstrating that the concealment was substantial, that it was made with an intention to deceive, and that it had a direct impact on your decision to marry.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Hirsutism is a condition that causes excessive growth of dark and coarse hair in women on the face, chest, abdomen, and other parts of the body. It is usually caused by hormonal imbalance or genetic factors. Hirsutism can affect the physical appearance and self-esteem of women and may also indicate some underlying health problems.

Nullity of marriage is a legal declaration that a marriage is invalid and void from the beginning. It means that the marriage never existed in the eyes of the law. Nullity of marriage can be sought on various grounds, such as impotency, fraud, force, mental disorder, etc.

According to Section 12(1)© of the Hindu Marriage Act, 1955, a marriage can be annulled if the consent of either party was obtained by fraud or force. However, the petition for nullity should be filed within one year of discovering the fraud or ceasing to live under force.

In your case, if your wife hid her condition of hirsutism from you before marriage and continued to conceal it after marriage by using various methods, you may have a ground to file a case against her for fraud and seek nullity of marriage under the Hindu Marriage Act. However, you will have to prove that her condition was material for your consent and that you were deceived by her concealment. You will also have to file the petition within one year of finding out the truth.

However, you should also be aware that nullity of marriage is not an easy or quick process. It may involve a lot of legal complications and challenges. You may also face counter-allegations from your wife or her family. Therefore, you should consult a lawyer before proceeding with any legal action.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

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