1) file complaint of cheating against the girl and her parents under section 420 of IPC
2) you should continue with petition for annulment of marriage on account of fraud
Null and Void Case
My marriage commenced on 2015 august. Later I came to know that she is having vitiligo. Bride, her father, and mother behaved very vigorously and given mind torture to me and my family. We all very confused about their behavior after and even before marriage. Within 2 months we gave a lawyer notice of the present situation and separated, they didn't reply anything to that notice. After separation we noticed that the bride's sex is not female. There is no chance of bearing child. Just for the post divorce compensation whole family crated the marriage drama. There is no proof for the gender change at present, but I am confirm that she belongs to hijra gender. There is no menstrual cycle also. I filed Null and Void case in February 2016 in the base of White patches and gender doubt. What all possibility cases I can file against her family?
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
1. If you can get your marriage annulled with a Court order, then you can file a cheating case against your wife and her parents for cheating you.
2. If they file any complaint or case against you which are proved to be false later on, you can also file a case u/s211 of IPC against the complainants.
In 2 months I sent notice regarding the Vitiligo(white patches), there is no reply for that. In that 2 months I stayed around 10 days with her. Because she is not lady the consummation was not possible. We separated with in 2 months, that to she was not staying with us, telling silly reasons and going to her parents home repeatedly (50 days in 2 months) telling silly reasons that all stated in the lawyer notice. We didn't send her forcibly, we informed her parents don't send her again we are not ok with the disease the accepted immediately. What possibility of action they can take against me through court? Is it possible of claiming maintenance against me even though she is hijra and given notice within 2 months of marriage and stayed with me not more than 10 days after marriage?
Asked 7 years ago
wife can file false case of dowry harassment and continuous acts of cruelty under section 498A of IPC read with section 2 , 3 dowry Prohibition act
2) she can file DV case against you and your family members
3) she can claim maintenance .
4) apply for and obtain AB in case false complaint is filed under section 498A
1. She can claim maintenance but that petition will not stand since the marriage is void her being not a female.
2. Relax. No case, if filed by her as your wife, will stand for the sole reason that she can not be your wife for which she can not claim to have anything which a wife can claim from husband.
Vitiligo (vit-ill-EYE-go) is a disorder in which white patches of skin appear on different parts of the body. This happens because the cells that make pigment (color) in the skin are destroyed. These cells are called melanocytes (ma-LAN-o-sites). Vitiligo can also affect the mucous membranes (such as the tissue inside the mouth and nose) and the eye.
a single event such as sunburn or emotional distress can cause vitiligo.
Vitiligo may also run in families. Children whose parents have the disorder are more likely to develop vitiligo. However, most children will not get vitiligo even if a parent has it.
Current treatment options for vitiligo include medical, surgical, and other treatments. Most treatments are aimed at restoring color to the white patches of skin.
Find a doctor who knows how to treat vitiligo. The doctor should also be a good listener and be able to provide emotional support.
Learn about the disorder and treatment choices. This can help you make decisions about your treatment.
There is no proof for the gender change at present, but I am confirm that she belongs to hijra gender. There is no menstrual cycle also.
I filed Null and Void case in February 2016 in the base of White patches and gender doubt.
What all possibility cases I can file against her family?
Besides null and void case, you can also file a cheating case agaisnt them and if they treated you badly then file a criminal intimidation complaint too.
What possibility of action they can take against me through court?
Is it possible of claiming maintenance against me even though she is hijra and given notice within 2 months of marriage and stayed with me not more than 10 days after marriage?
They may try to file false cases on dowry harassment and also maintenance cases.
You may be firm in you nullity case and can openly challenge her to agree for medical check up to prove her gender, but she may not accept the same and, she may not turn up for the test
1. You have filed the case that you ought to have filed. No criminal case can be filed against her or her parents.
2. To succeed in annulment you have to prove beyond a shade of reasonable doubt that she is eunuch and she suppressed this fact from you prior to marriage.
3. If false criminal complaints for dowry harassment are filed then apply for and obtain anticipatory bail to preempt your arrest and detention.
Till now they didnt take any action on me. There is 4 allegations on her for concealing before marriage- 1.Vitiligo 2.Infertility 3.Education ( Told as graduate before marriage, actually she is just 10th) 4.Impotent- Refusal of sex from day 1 of marriage. To avoid sex and suppress facts she left my home telling silly reasons and staying in her parents home. I am really upset for what went on me. I just asked her in Mediation to undergo medical checkup, if she proves that she is fertile then without hesitation i will take my case back and reunion. But they refused for that. Till now secret of infertility is not revealed by their family but i filed Nullity case befor completion of 1 year of marriage. Now 1 year is crossed still case is going on. 1.Will this case is succeeded if infertility proved in Court now after( the discovery fraud will be after 1 year)? 2.What all cases i can file against her and her parents after succeeding in Annulment? 3.Am i having any chances to get compensation through court for cheating me and my family?
Asked 7 years ago
1) you will succeed in your annulment petition if you are able to prove marriage was vitiated by fraud or that wife is impotent
2) file case of cheating against girl and her family
3) file suit for damages of uou want compensation
1. Infertility and not being female are two separate physical status which you shall have to understand. Infertility is not a cause of seeking annulment of marriage but not being a female is a cause for filing the annulment petition.
2. Once you get your marriage annulled, you can file a cheating case against them.
3. There is no provision of compensation for being cheated as per IPC. If cheating is proved, they will go to jail as it is a criminal case.
1. You can succeed only if you prove your allegations.
2. A criminal complaint for cheating may be maintainable depending on the finding of the civil court.
3. You can sue her for damages only if the court annuls your marriage and the decree sustains appeals in the higher courts by her.
1. If she refuses to undergo medical examination then the court will not force her instead it will record that she refused hence the court will proceed further on the basis of other evidences you have submitted and the pleadings and arguments you may present before court in this regard.
2. First get your marriage annulled after that you can plan to file a criminal complaint for the cheating offence
3. You can file a civil suit for the damages caused by them due to their act of cheating and can claim suitable compensation.