• About divorce

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
Asked 4 months ago in Family Law from Kochi, Kerala
Religion: Hindu
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.
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
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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

Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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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 

Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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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.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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