• Annulment or divorce?

I am married for 45 days. We met over Matrimonial website, she gave wrong info about her height and education. She said she can write and read in english and hindi and she is 5ft heigh. But in truth she is just 4ft 10inch and cant even write or read english words. She can read and write in Hindi.

Afyer 30 days of marriage when she went to her parents for holi. She is constatntly asking me daily for money on the pretext of one thing or the other. Also now she is saying that She hates biharis and if she was aware that I am a bihari, she would not have married me. (I have clearly told her many times since starting that I am from Patna (bihar) and I am working in Mumbai. Even her father came to my parents house in Patna to meet and finalize the wedding. Now she is alleging all this.

Had I known earlier that she cant read and write english and that she is less than 5ft....I would not have married her. Our was a Social Ceremony marriage.

I want to get separated, should I go for Annullment or Contested Divoce ? 

And what Should be the best way to take things.

I have her Matrimonial online biodata.
I have all the calls recorded on my mobile...
Will the call recording accepted as evidence in court that she is mentally torturing me ?
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)merely because there is 2 inches difference in height is no ground for annulment 

2) further if your wife is not fluent in english is not ground for annulment 

3) it is necessary to peruse her biodata regarding suppression of material facts done in her bio data 

4) your best option is to file for divorce by mutual consent after staying separate for period of 1 year 

5) if wife does not agree for divorce file for divorce on grounds of mental cruelty . 

6) constantly abusing husband to be a bihari amounts to mental cruelty 

7) call recordings are admissible in evidence 
Ajay Sethi
Advocate, Mumbai
45520 Answers
2675 Consultations

5.0 on 5.0

if shje is mentally torturing you then based on cruelty u/s 13(1)(ia) of Hindu Marriage act, you may file a divorce petition before family court/District court after completion of one year of marriage.

annulment can not be filed on these ground as mentioned by you.

it will be better to settled the matter amicably with them.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

You can apply for annulment on the ground of suppression of truth by her before marriage. The matrimonial site biodata and recorded calls can be used as evidence in the court. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

The suppression of facts about her height or the qualification etc cannot constitute the ingredients for annulment of marriage.
Your annulment petition may not be entertained by the court for its non-maintainability.

Since your marriage is just 45 days old, you cannot seek divorce also on any ground including cruelty.
You can file a petition for dissolving your marriage by a decree of divorce only after completion of one year after marriage.

If you are not interested in continuing the  marriage life with her, you may choose to sty separately from her but you are bound to give maintenance amount to her every month whether she demands or not.
She may resort to some other criminal complaints against you, so better be vigilant about that subject too. 
Your call recordings cannot sustain as legal evidence because they are not admissible in court. 
T Kalaiselvan
Advocate, Vellore
35697 Answers
387 Consultations

5.0 on 5.0

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