1. File for Annulment of Marriage in the jurisdictional competent Court for declaring the marriage as null and void.
2. Inspite of knowing very well that the bride has this medical issue, she was married to your brother hiding her medical condition.
Divorce
My brother got married in a church before 3 months. The first day after marriage, the bride got epilepsy and fell down and got fracture on her face which broke 3 tooth. The bride's family came and admitted her to a hospital near her house and took her to their home. The second day after marriage, my brother and our family went to bride's home and mentioned that there is a possibility that epilepsy can happen any time and someone has to be at home always to take care of the bride. Also, in the future, there is a possiblity for the child to get epilepsy. Due to these reasons, we decided not to take the bride to our house and apply for divorce. The bride has epilepsy from her childhood and is regularly taking medicines daily. The bride's family has hidden this fact from us and did this marriage. The bride's family also agreed to provide divorce by mutual consent. After 1 week, the bride's family came to our house and collected all the jewel's and the bride's belongings agreeing to provide divorce by mutual consent. Now after 3 months, the bride's family is mentioning that they will not give divorce by mutual consent and will apply in the court to live together. My brother do not want to take her as wife and wanted to apply for divorce. The bride just stayed 1 day at our house and is living in her home for past 3 months. Please guide us on the available legal options to come out of the marriage.
Asked 1 year ago in Family Law
Religion: Christian
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9 Answers
For filing contested divorce on the grounds of cruelty or any other reason also, it should be one year or more after marriage hence contested divorce case cannot be filed within one year from the date of marriage.
Similarly, for mutual consent divorce under Indian divorce act, the couple should have lived separately away from each other at least for a period of two years or more.
However you can file a petition seeking to annul the marriage.
The Indian Divorce Act of 1869 allows for a decree of nullity, or annulment, of a marriage in certain circumstances:
Impotence: If one of the parties was impotent at the time of marriage and remains so during the annulment proceedings
Prohibited degrees of consanguinity: If the parties are related in a prohibited degree of consanguinity
Subsisting marriage: If one of the parties was already married at the time of the marriage
Fraud, coercion, undue influence, or misrepresentation: If the marriage was the result of fraud, coercion, undue influence, or misrepresentation
You can claim that played fraud on you by suppressing the fact of her dreaded epilepsy disease which is a material fact for marriage.
File petition for anullment of marriage on grounds of fraud
wife has suppressed facts about her epilepsy before marriage
Since this disease was within their knowledge and the marriage was occurred concealing this fact, this is a case where one can file a suit for nullity of marriage.
Before that try for amicable settlement by involving family or community elders.
- As per law, concealment of true facts at the time marriage from other party is a ground for declaring the marriage null and void.
- Since, she and her family members has concealed about the said disease which is suffering since her childhood , hence your brother can file a declaration suit before the family Court for declaring the marriage as null and void.
- Under Section 18 of the Indian Divorce Act which applied in the case of Christian held that, Any husband or wife may present a Petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.
1. The catholic church refused to send the marriage for registration since the bride's family have concealed facts. This marriage is not registered in marriage registrar office. Is the marriage still valid? 2. The legal team from the church mentioned that we can cancel the marriage through the catholic church. Both parties (bride and groom) should get into a agreement that the epilepsy fact is concealed during marriage. The marriage is null and void. Both parties will not disturb each other in the future. Is this agreement (signed by both bridge and groom) provided by catholic church enough for separation? 3. I could see some articles that epilepsy is not a ground for divorce. Is it possible, that the court can mention that hiding epilepsy is not a ground for annulment? 4. What is the maximum timeline before which we have to file the annulment of marriage in court? 5. what is the average timeline for such marriage annulment cases to get judgement?
Asked 1 year ago
The marriage is valid even if registration of marriage not done
2) you need court orders for dissolution of marriage
3) it is ground for anullment of marriage
4) file for anullment within one year of marriage
The marriage without registration is not valid if the marriage was solemnised under Christian marriage law.
2. You can get it done if they agree.
3. If it is a curable disease then it may not be considered as a reason for annulment.
4. Within one year from the date of marriage
5. Cannot be predicted owing to various factors.
It is another regular case.
Dear Client,
The marriage may be common law marriage but not required as having to be registered with the marriage registrar’s office if it was crowned according to the Catholic marriage rites. The Catholic Church can declare their marriage null and void because of the bride’s failure to disclose that she has epilepsy, nevertheless, under the Indian civil laws epilepsy cannot be considered as a ground for annulling a marriage or for divorce. An affidavit executed and in writing between the two in a bid to state that the marriage was never a valid one may work internally within the church setting but it is legally inadmissible in the civil law. If the couple wants to dissolve the marriage, the legal processes under the Indian Divorce Act of 1869 or Special Marriage Act of 1954 must be followed. The time of filing an annulment is not restricted in the church but for civil annulment or divorce, it is recommended that one seeks legal advice from a family lawyer.
Hope you find this answer suitable for resolving you query.
1. If the marriage is solemnized as per the custom and ritual of Christian , then the marriage is valid even it is not registered.
- Further, if the marriage is already consummated then legally she is your wife.
2. The Court decree is necessary to end the relation of husband and wife
3. The main ground is the concealment of facts at the time of marriage
4. The petition for annulment of marriage should be presented within one year after the marriage or when the fraud has been discovered.
5. Depend upon the burden of the Court.