My dad, 62 years.. remarried on june1st 2016 and now we hav filed for annulment. Tey stayed together for 42 days.. never consummated marriage coz she never used to sleep in te room. Dad tot it was due to te beginning inhibition. But after sum time started getting suspicious after seeing many medicines in her bag.. ther were many whitle patches on skin which she used to apply foundation. After all tis we made out tat she has vitiligo.. and she has been suffering from this since 3 years. She hid tis and te fact tat she has loads of debts and lic policies tat she wanted my dad to pay.. she then demanded for a car . Half the property, and there were constant fights on tis.please help me.. will we win te annulment case..she left the house when dad kept asking abt wat her illness is... and then she went and filed a domestic violence case against my dad at te womens cell.. whn te police asked if te marriage has been consummamted.. she lied and said yes.. will we win tis case ??.. my dad is 62 years.. and iam his 30 years old unmarried.daughter... please help
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. Nobody except an astrologer can predict your win or loss in a judicial proceeding. The only thing that I can tell you is that your dad in order to succeed will have to prove through cogent documentary evidence that his wife concealed the alleged facts from him prior to the marriage.
2. The DV case will have to be contested on merits.
Sir.. we have the photographs of the medical records . Since the time she went to te doctor and all the medicines.can u please tell me wat is te reaction for te domestic case filed by her in te womens cell will be?. Te woman police called us and we spoke to them. And they askd my father if he wants to live with her. He said no.. then tey said tey r filing domestic violence case. And moreover a man frm their side assaulted my father in te police station..we have filed complaint against tat man. could u tell me te maintenance tat she can demand?. My father is a pensioner and im his single daughter. She has been working since 22 years and she will go again since she has all those debts.. wat sud we do?.
1) application for annullment has to be filed within period of one year
2) your father has to prove that wife had suppressed material facts about her illness and consent was obtained by fraud
3)your father will win the case if he is able to prove taht consent was obtained by fraud
if wife has been working for 22 years she would not get any maintenance from your father
2) you have to contest the Dv case .it takes around 5 years for disposal
3) as far as 498A case is concerned if any FIR is filed obtain Anticipatory bail
1. It is difficult to predict in advance whether the annulment petition will be allowed by the Court or not,
2. Non consummation of marriage for no proven fault of the wife is not a ground for seeking annulment of marriage. Moreover, it will be difficult to prove that they did not consummate the marriage since both are old and have had physical relationship earlier to their marriage,
3. Presently your father should contest the DV case filed by his wife,
4. Audio record all her illogical and illegal claims and demands from your father so that those can be used as evidence in support of your annulment or divorce petition whatever is filed by your father.
1. Having medical treatment is no offence and for the said reason your father can not seeking annulment or divorce from his wife,
2. There are grounds for seeking annulment and divorce which are acceptable to the Court for which you shall have to collect irrefutable evidence,
3. Your father shall have to counter the allegations she has leveled in her DV case,
4. She will not be entitled to any maintenance if she is presently employed. If she is not employed, your father shall have to maintain herself by paying her an amount per month to be decided by the Court which will be any amount within 1/5th to 1/3rd of his monthly net earning.
If the DV case has been filed then your father can contest it if he is armed with all the evidence, as you say. She may claim the moon but it is for the court to decide her entitlement having regard to her status and the liabilities of the husband.
Annulment of marriage can be for the reason that the marriage has not been consummated owing to the impotence of the respondent.
Vitiligo is a condition in which you lose the pigment of your skin. Pigment, or melanin, causes skin color and is produced by cells called “melanocytes.”
Vitiligo can be treated but not cured. You’ll need to manage the disorder throughout your life.
Thus suppression of this fact cannot be said to be a material fact to the marriage, however owing to the nature of this disease which isn’t contagious, doesn’t cause pain, and isn’t medically dangerous, the arguments put forth on this basis for annulment of marriage may not carry merits. But the non-consummation of marriage can be quoted as a good reason but that also has to be seen that he she had procreated children from her previous marriage, she cannot be alleged to be impotent.
Now decide that how strong will be your case to contest it before court.
Your father is not liable to pay her debts.
If she has lodge a complaint with the police, let your father first obtain anticipatory bail and then challenge her case in the court.
The police will not file domestic violence case, it will be filed by the social protection officer only.
If she seeks maintenance, your father can repudiate the same based on her employment and capacity to work.
Engage a prudent advocate who can fight it out skillfully.