Points to take care before applying for marriage annulment?


Dear experts,

 

I am planning to apply for my marriage annulment on the grounds of fraud. I have all the proofs to support my case.

 

I am working in US and my parents, brother (and his family) are living in India.

 

I would like to know what will be the consequences once I go to court for annulment. The girl stayed in our home just for about a week. Whether the DV or 498a case filed by her after my petitions considered valid? Will this affect my job or my brother's job and do we face any criminal cases? Can we apply for anticipatory bail together with my annulment case?

 

And, how long can I expect to hear a judgment in the cases of annulment, in general?

 

Thanks

Krish

 

 
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LEGAL CONSULTANT

The speed at which U have delivered UR query will not be the same in the court proceedings.U ought to have patience.

Well, annulment for fraud,can u elaborate the fraud committed by the girl?

Wife can file 498A and DV any time after comming out of her matrimonial home.UR petition for annulment does not come in its way.

Come out with details for a better analysis by the legal experts for a correct solution.

 

 
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The fraud is that the girl is suffering from mental illness (Bipolar Disorder with suicadal and violent behaviors) for a long time well before from the marriage, which was not informed to us during marriage proposal and even after the engagement. 

 

I have got all her medical reports from the last four years before the marriage and even after the marriage, she is undergoing treatment from a Psychiatrist. 

 

I consulted a few Psychiatrists and as per them, she is not in a situation to travel abroad as she has to continue her counselling sessions and medications for the next one year at least.

 

Thanks.

 
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LEGAL CONSULTANT

the ailment U mentioned does not constitute a valid ground for annulment.If she was suffering from the mental order as U mentioned,how did she file 498A against U?

 
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I didn't say that she filed DV or 498a. My question was that, can she file such cases after I file for annullment?

 

So, hiding the mental illness is not considered a fraud and is it not a ground for annullment?

 
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LEGAL CONSULTANT

nothing legally has transpired till now,only at presumptions stage,why do u visualise things to happen? Once U take a legal step against UR wife,anything can happen to make U run to the door steps of the courts,inviting more legal hurdles.Present family laws are mostly women pro,hence don't act in a hasty manner,without taking the able guidance of a competent family lawyer.

 
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advocate

If you will succeed with your annulment petition (I have my own great apprehensions for the reason that you have to prove that she concealed the material fact, i.e., her mental disorder and not to prove her mental disorder and if she and her parents come into the court and standing in the witness box say that she revealed her disability in clear terms even before marriage, where would you stand?) then also Domestic Violence case and Section 498-A case are maintainable against you and your relatives for the simple reason that at the time committing these offences, she is your legally wedded wife.  Her relationship with you would severe only from the date when annulment decree is passed.

 
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LEGAL CONSULTANT

Right conclusion by Adv Prabhakar.

 
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