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kashyap (abc)     04 October 2015

Voidable marriage

Dear Seniors

Greeting

My wife does not have congenital absence of uterus, Menstrual Cycle (reproductive organs) medical board has given opinion she can not have own child. however she can have biological child through surrogacy.

Now let me know if i file voidable marriage petition under Section 12(1)C the marriage consent obtained by fraud or force. than i will get sucess.

if i had have knowledge that respondent does not have uterus by birth than i would never have got married with respondent.

there is no defination of fraud under section 12(1)C.

Contract Act 1972 Section 17 define the fraud but it does not apply in matrimonial dispute.

if is there any judgement Hon'ble Delhi High Court or Hon'ble Supreme Court relevant my case please share with me.

Thanks & Regards

Kashyap

 



Learning

 3 Replies

advocatepassy@gmail.com 971794 (Advocate)     04 October 2015

Mr Kashyap, you would have to prove that this fact was known to her and her family members before marriage and they had deliberating hidden it. Otherwise it cannot be termed as fraud

Raghwendra Tiwari (Advocate)     04 October 2015

You should file the case stating your correct fact because in this you did not make any wrong but you suffer a lot. 

kashyap (abc)     04 October 2015

thanks Sir,

But my contention is that it can be presumed that if she does not have uterus by birth she can never get menstrual cycle ever in life. whereas mostly in 13 year age girls get the menstrual cycle process there is rare or exception case that any girl get menstrual cycle later.

Respondent parents can not deny that they were not aware or ignorant about her menstrual cycle. during marriage she was 12th Pass she can not too deny about this disease. her parents must be checked up perior marriage intentionally they concealed the fact.

i think as far as concealment of fact concern medical board report of LNHP Hospital three expert prove itself. there is no need to lead other evidence to prove.

probably Hon'ble Judge will consider about this fact.

but my concern if i am having any judgement relevant my case i will manipulate easly and convince to Judge pass the null and void marriage decree.

therefore i am again requesting to you if you are having any Judgement Delhi High Court or Supreme Court related my case Please share with me.

I am in delima.

Thanks'

Kashyap


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