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Annulment of marriage

(Querist) 06 December 2015 This query is : Resolved 
My friend has received annulment notice from her husband raising false allegations stating that she is impotent and marriage has never been consummated. But fact is that he is well aware before marriage that she cannot bear a child and she has never attained puberty he alone agreed for all these willfully and married her and told that he will take care of any situation after marriage, so they lived their conjugal life happily for 2yrs but now becasue his parents are asking for kids and blaming him he is denying all these facts and says that the marriage has never been consummated and he is not aware of all this. Can he get marriage annulmet aftyer living with her for 2 yrs knowing all the facts. Please guide us regarding this query.
cherry (Querist) 07 December 2015
Please reply
SAINATH DEVALLA (Expert) 07 December 2015
What is her age now? If there are genetical defects at the time of birth there is a possibility of a girl not attaining puberty.

Though non consummation is a ground for annulment it is difficult to prove and moreover it has to be filed within 1 year of marriage.

Sreedhar Valiveti (Expert) 07 December 2015
You have to establish the fact that prior to marriage itself, he is well aware of fact that your friend is having such health issue. Burden of proof lies on your friend. If you are able to establish the said fact, then he can't escape from his responsibilities of marriage even though it is 2 years or 20 years.
Guest (Expert) 07 December 2015
Well Advised by Experts
Nadeem Qureshi (Expert) 07 December 2015
annulment of marriage can be filed before family court.

Rajendra K Goyal (Expert) 07 December 2015
Oppose the move on merit. Discuss with your lawyer. Agree with the advice of the experts.
cherry (Querist) 08 December 2015
Her age is 26yrs, as she has undergone surgery any medical test can prove that she is fit for conjugal life though she cannot bear a child...is this enough to go forward please suggest...her husband is demanding compensation for cheating him is it possible in this condition
SAINATH DEVALLA (Expert) 08 December 2015
If medical records prove that she is fit for conjugal life,annulment does not get attracted.Just because she cannot bear children,is not a ground for either annulment or divorce.

cherry (Querist) 08 December 2015
As his parents are not aware of this before marriage can this marriage be annuled... and also he is demanding for compensation of huge amt... even after living with her for 2yrs will all these allegations stand against her
cherry (Querist) 08 December 2015
Thank you so much experts for your valuable suggestions
K.S.Srinivas (Expert) 11 December 2015
In my view annulment of marriage is not possible in this case as none of the conditions for annulment of marriage are met.
T. Kalaiselvan, Advocate (Expert) 14 December 2015
In my opinion the ground do not satisfy for annulling the marriage. He is well beyond a reasonable period to approach court seeking relief on this ground. He may not succeed. Ask your friend to challenge his case. There is nothing to panic about cheating etc.
cherry (Querist) 21 December 2015
Thank you so much for all your support.
..this will definitely help my friend to move forward


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