Re: Annulment of marriage

Kartik dhar (Querist) 15 January 2011 This query is : Resolved
Hello Xperts!

My wife cheated me by intentionally hiding the fact that she was into a serious relationship with her childhood friend since 11 yrs. She induced me to marry her and persuaded me to enter into a marriage contract.

We got married secretly on 14 feb 2006 in Mumbai. On 21 nov 2007 we socially got married.

I came to know the fact when she left my house and started living with her parents since 2 months now. I had a doubt that she might have an affair with someone.

I found her personal diary in which she mentioned that she has a serious affair with this guy and that she will hide this fact from me intentionally, as I will not marry her if I come to know about her affair. This was written by her before we got married. I had no Idea about this until Today when I found her personal diary.

Also, as an evidence, I have her recorded statements in which she agree that she had an abortion before the marriage.

Its been five years since the registered marriage. Can this marriage be nullified after 5 years, I have a baby as well who is residing with her @ her mothers place.

1. How much time will it take for annulment?
2. What if I have to leave India for my work?

Much appreciated.

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Devajyoti Barman (Expert) 15 January 2011
1.No specfc time limt could be forseen as it depends on lot of factors.
2. No problem , only at the time of your evidence you would need to come.

Amit Minocha (Expert) 16 January 2011
I do not agree with Mr Barman, in matrimonial matters normally Court asks parties to be personally present. Also for signing petition/replication/admiss & deinal the personal presence would be needed. Further the applications u/s 24/26 are also going to be part of litigation surely then also he would need to be present and sign for them. The bet way is to coordinate dates between travel for work and case.

Guest (Expert) 16 January 2011
Family court Act is a special Act and overrides all others. Section 13 of Family court does not permit representation of party by legal practitioner hence atleast at the time of reply personal attendence is necessary other factors may depend on attitude of court and parties.

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