Annulment of marriage
Querist :
Anonymous
(Querist) 24 May 2016
This query is : Resolved
Can a marriage be null or void, if one of the spouse is bisexual?
SAINATH DEVALLA
(Expert) 24 May 2016
No legal suggestions for Anonmyous querists and objective type questions.
Querist :
Anonymous
(Querist) 24 May 2016
One of my friend got married in December 2015. Within few days of marriage he got to know that his wife is bisexual and is having a sexual relationship with her best friend. He got to know all this by reading the conversation between them. Now he is planning for the annulment. So is annulment possible in this case on the grounds of bisexuality?
P. Venu
(Expert) 24 May 2016
What do you mean by "bisexual"?
SAINATH DEVALLA
(Expert) 24 May 2016
It is difficult to prove bisexuality of a woman unless caught red handed.Mere electronic conversations are not valid evidences.
What way are U connected with UR friends marital problem?
He is only presumming her to be bisexual and not confident enough to prove it.
If the allegations are not true then he would not only be spoiling his life but also the life of his wife.
I also come to a conclusion that the contents of the query are not entirely true because he would have opted for divorce than planning for annulment which is a remote success.
Querist :
Anonymous
(Querist) 24 May 2016
Well I got the answer what I was looking but unfortunately not from you. By mistake it got posted as anonymous. Well when you have good friends people do share their problems with you. And he is not presuming coz his wife has accepted the fact about being into intimate relationship with a girl herself. I feel really bad that experts here doubt the person who is in some problem and either trying to help a person. And yes he planned for annulment coz he has valid grounds for that. I enquired here just to get confirmation whether it can happen or not. I am a Indian citizen who keeps on reading laws. But only expert can advise properly. My name is Akshita. Now this post will also be sent as anonymous.
Querist :
Anonymous
(Querist) 24 May 2016
Well I got the answer what I was looking but unfortunately not from you. By mistake it got posted as anonymous. Well when you have good friends people do share their problems with you. And he is not presuming coz his wife has accepted the fact about being into intimate relationship with a girl herself. I feel really bad that experts here doubt the person who is in some problem and either trying to help a person. And yes he planned for annulment coz he has valid grounds for that. I enquired here just to get confirmation whether it can happen or not. I am a Indian citizen who keeps on reading laws. But only expert can advise properly. My name is Akshita. Now this post will also be sent as anonymous.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Akshita, you are to maintain politeness while you have posted your query and are waiting for an answer. The experts here are not bound to answer your query and they are not paid by you for replying your query. The experts here render selfless social service to the mankind by giving their opinions and proper legal advises and they spare their valuable time, energy and money for this purpose, hence your courteousness will motivate the experts o give your more proper advises to your queries not only now but in the future also.
Now to your query; As far as annulment is concerned, this cannot be a reason get the marriage nullified by a decree of nullity. He can file a contested divorce on the grounds of adultery and mental cruelty due to it.
Annulment is a very unusual remedy.
Annulments are rarely granted and when they are, very specific circumstances must exist.
n strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.
A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all.
Actually the reason what you state is not coming under the list of reasons for which an annulment petition can be filed.
Extra marital relationship like this is also called as adultery, therefore divorce shall be be the better option.
Discuss with your friend and also consult an experienced advocate before your proceed with your proposed action.
SAINATH DEVALLA
(Expert) 29 May 2016
Akshita (Anonmyous),
Don't get annoyed for the proxy query posted by U.At the outset U have posted the query as Anonmyous, and then UR initial post is without substance.Still it has been replied sufficiently.U R herre to solicit assistance from the legal experts only and not demand.
Sr Adv Kalaiselvan has concluded in the best possible manner.Hope this would satisfy u to close he thread.
P. Venu
(Expert) 29 May 2016
Akshita, in all probability, is a woman. If so how you are related to this query?
Generally, a man will not discuss such intimate problem with a lady.
