• Annulment, refund rule, and compensation

Hi everyone , plz help me . i have a very unique situation. i met a girl by shadi.com in sep 2013.on her profile she wrote" no health problem" after 1-2 months chatting she disclosed that she had incurable and genetic diseases named psoriasis. also she has arthritis disease.  than we decided to have babies by using IVF technology in which she would take an  egg from some other healthy lady and by using  my sperm she would give birth a healthy child.  on oct 2013 I wrote an e-mail to her and made it clear  that as psoriasis is a genetic disease also incurable  so she would deliver our child with egg borrowed from some other healthy lady. she told me that she will do whatever is beneficial for the child then we got married in Dec 2013 . 
after that my wife is refusing to fulfill her pre marriage promise to deliver a baby with borrowed egg. 
 but now she is creating problems /nonsense and breaching her pre marriage promise/commitment . she did fraud with me and my emotion.  i feel cheated as she made false promise . and Now she want to have child with her own egg but she has psoriasis-a genetic disease .she has betrayed and violated her commitment to carry a child. we leaving separately from april 2014 .
on march 2015 i sent a legal notice to clarify things that if u r not act according to ur promise i would file the divorce case against you . on may 2015 she filed a divorce case in lucknow on the basis of so called some money asked by me (which is not  true ) and as i sent a notice so she wants divorce , still it is going on in the court.
psoriasis is  considered as "untreatable" and may not provide normal family life and possibly transmitted to the off-spring. many times it reflect in 1st or 2nd generation and so on .

 Now i want to ask 
1) can i file an annulment case on the basis of fraud and cheating as it is incurable genetic disease / inability to produce a healthy baby. and i don't want a baby with a genetic diseas which is incurable also . it is right of a unborn child .
2) can i get refund my amount which i spent on marriage procedures 
 3) also can i get compensation for breaching the pre marriage promise bcz it is lose of  my  money and time also having mental torture without  any fault of mine . 
please help me .
4) if yes where i have to file case of compensation in family court along with annulment case or in civil court ?

5) can she filed a divorce in lucknow where she is working . lucknow is not her mayka (place of  parental house )
6) can i fime annulment case now, or time has been passed to file the case as i heard that within one year u can file the annulment case when the fraud is detected / noticed . we r living seperately form march 2014
7) can i stop her from from using her egg through a suit for injunction and direction. what is it , plz give me details about injunction and direction.
Asked 1 month ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you were aware your wife is suffering from incurable disease and yet married her 

2) no case of annulment is made out . In any case application for anullment has to be filed within period of one year of discovery of fraud 

3) you won't get refund of money spent on marriage expenses 

4) you can file for divorce on grounds of mental cruelty 

5) wife can file for divorce in Lucknow as she is staying in Lucknow 

6) you cannot restraint her from using her eggs 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. There is no fraud as it is your own case that two months after chatting she disclosed the diseases she is suffering from. You married her with full knowledge of what she was suffering from. So annulment is ruled out.

2. You may only file for dissolution of marriage on the ground of cruelty as she is not coming forward to deliver a child through IVF treatment, but this is a fact that you will have to prove in the court through cogent evidence.

3. No case for compensation is made out as there is no fraud. So you also cannot claim the refund of amount incurred on solemnization of marriage.

4. She is free to apply for divorce in Lucknow i.e where she is residing.

5. You cannot injunct her from using her egg. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) petition for anullment hascti be filed within period of one year of discovery of fraud 

2) in present case you were aware of wife medical condition and yet married her 

3) you can file for  divorce on grounds of mental  cruelty 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. The violation of this condition is not actionable through divorce not annulment.

2. The legal right of an unborn child is the right to be born and brought into the world.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) can i file an annulment case on the basis of fraud and cheating as it is incurable genetic disease / inability to produce a healthy baby. and i don't want a baby with a genetic diseas which is incurable also . it is right of a unborn child .

If the facts about the incurable disease was suppressed and she got married to you intentionally to cheat you or defraud you, then you were eligible for filing an annulment petition within one year from the date of marriage/knowledge.






2) can i get refund my amount which i spent on marriage procedures 

The amount spent on solemnisation of marriage cannot be refunded by either party since it has incurred, it was not given.





3) also can i get compensation for breaching the pre marriage promise bcz it is lose of  my  money and time also having mental torture without  any fault of mine . 

There is no agreement or contract between you both on this hence it cannot be considered as breach of contract conditions to claim compensation or anything.






4) if yes where i have to file case of compensation in family court along with annulment case or in civil court ?

There are no chances for this.






5) can she filed a divorce in lucknow where she is working . lucknow is not her mayka (place of  parental house )

She can file divorce case wherever she currently resides.






6) can i fime annulment case now, or time has been passed to file the case as i heard that within one year u can file the annulment case when the fraud is detected / noticed . we r living seperately form march 2014

I am afraid you will not be eligible for filing annulment case now.






7) can i stop her from from using her egg through a suit for injunction and direction. what is it , plz give me details about injunction and direction.

You cannot stop her rights, it will be termed as violation of human rights.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. i knew about the disease before marriage but i said yes to marry her with the condition that she would use IVF and give birth children with egg of other healthy lady . when she agreed to my condition we got married . so she breached her pre marriage promise, its fraud .  she was aware of my condition / SHART .

The marriage under Hindu laws is not a contract that one can blame the other for breaching the conditions or contract.
Do not think of initiating any legal action on that perspective, the same will not be legally maintainable. 







2. if she said NO to my condition , i would never marry her as i am concerned with the health of my unborn . child. i tried to make her mind for last 2.5 years for using the IVF . so in family matter  is it compulsory that one should submit his petition for annulment within limit of 1 year as it is not criminal case  ?

First of all it will not come under annulment provisions at all because you have married her after knowing the facts of her incurable disease.
Her refusal to abide by your dictum cannot be considered as a criminal offence as well.
In fact she may initiate legal action against you for violating her rights to live freely in this world.
Women are not bound to accept all the dictates by their husbands just because they are married to them. 
They will roll up their sleeves to attack you through women' fora or any other NGO if you try to put pressure on them, so better do not venture into such harsh activities lest you will land up in trouble.







3. what is the legal right of a unboan child ? as it is incurable disease 

A child which is not born has no rights.



T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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