Getting the marriage declared void

Querist : Anonymous (Querist) 19 June 2010 This query is : Resolved

A close relative of mine, now 35 years, got married in June 2004. After marriage he came to know that his wife cannot conceive as she was suffering from almost incurable disease. She has been taking treatments from various doctors. But all these were never revealed to my relative before marriage. Needless to say, it came as a rude shock to my relative. In 2006, she went to her parents home on the eve of her brother's thread ceremoney with all her ornaments, clothings etc. She all took away with her all her medial papers. She has not returned since then nor is she in a mood to return. Her father had once sent a group of criminals to his house to physically harm him. Fortunately he was not at home then. Her father keeps calling him and his relatives over phone theatening that he is going to kill/ break his legs. The hopes of bringing her back and allow her to live a respectful family life , even without any issue, has almost faded because of her own and her parents' behaviour.

My relative has now decided to move the court to declare the marriage void because he has been cheated by concealment of such an important fact as her physical inability to conceive and deliver a child. He also wants to complain to the police against constant threatening of physical harm being received from his in-laws.

Kindly advise -
1. Best legal remedies to get the marriage void
2. legal protection from threats being received from his in-laws.

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Raj Kumar Makkad (Expert) 19 June 2010
1. The appropriate time when such marriage would have been got declared as void has already lapsed so there is no hope of proposed petition success. Better you file a petition of RCR and get its decree and on its non-execution file petition seeking divorce and it shall definitely be granted.

2. Go to the police officials and seek relief thereto.

Devajyoti Barman (Expert) 19 June 2010
1. The suit for nullity of marriage can be filed even now for which you have to consult a lawyer for proper drafting of the pleading.
2. Do as Makkadji has advised.

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