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ashok (commercial inspector)     07 October 2016

Annulment and refund rule and compensation

hi everyone , plz help me . i have a very unique situation. i met a girl by in sep 2013.on her profile she wrote" no health problem" after 1-2 months chatting she disclosed that she had incurable and genetic diseases named psoriasis. also she has arthritis disease. than we decided to have babies by using IVF technology in which she would take an egg from some other healthy lady and by using my sperm she would give birth a healthy child. on oct 2013 I wrote an e-mail to her and made it clear that as psoriasis is a genetic disease also incurable so she would deliver our child with egg borrowed from some other healthy lady. she told me that she will do whatever is beneficial for the child then we got married in Dec 2013 . 
after that my wife is refusing to fulfill her pre marriage promise to deliver a baby with borrowed egg. 
but now she is creating problems /nonsense and breaching her pre marriage promise/commitment . she did fraud with me and my emotion. i feel cheated as she made false promise . and Now she want to have child with her own egg but she has psoriasis-a genetic disease .she has betrayed and violated her commitment to carry a child. we leaving separately from april 2014 .
on march 2015 i sent a legal notice to clarify things that if u r not act according to ur promise i would file the divorce case against you . on may 2015 she filed a divorce case in lucknow on the basis of so called some money asked by me (which is not true ) and as i sent a notice so she wants divorce , still it is going on in the court.
psoriasis is considered as "untreatable" and may not provide normal family life and possibly transmitted to the off-spring. many times it reflect in 1st or 2nd generation and so on .

Now i want to ask 
1) can i file an annulment case on the basis of fraud and cheating as it is incurable genetic disease / inability to produce a healthy baby. and i don't want a baby with a genetic diseas which is incurable also . it is right of a unborn child . 
2) can i get refund my amount which i spent on marriage procedures 
3) also can i get compensation for breaching the pre marriage promise bcz it is my my money and time lose also having mental torture without any fault of mine . 
4) if yes where i have to file case of compensation in family court along with annulment case or in civil court ?
5) can she filed a divorce in lucknow where she is working . lucknow is not her mayka (place of parental house ) 
ashok bindra

 3 Replies

prabhakar advocate (advocate)     07 October 2016

1.  It is not annulment case.  She did not hide her problem.  She breached her pre-marriage promise.  It does not come as a ground for annulment.

2.  You can get divorce on the ground of cruelty.  As she has already filed the divorce case, file the reply with your own grounds of breach of pre-marriage promise and cruelty raising out of it and seek divorce.  The court will ask both of you to file mutual consent divorce, as both want it.

3.  Compensation does not appear possible in the given facts of the case.  Seeing your anger and other attributes appearing in your post, some unscrupulous advocate may milk you by filing cases of compensation etc. So, think before act.  The best thing for you is to get divorce.


ashok (commercial inspector)     07 October 2016

dear prabhakar sir,

it is true she disclosed her illness but it is also true that before marriage i told her about my wish to have a baby using IVF method as it is a genetic diseas . it was my condition to say yes to marry her . she accepted it . i have proof in the form of an email. it is a matter of fraud and cheeting . one of the ground to take annulment is --if the consent to the marriage was based on fraud .

plz give advice , 


sai narayana   08 October 2016

Ashok Bhai, Husband can't seek compensation from wife for whatever the reason for breakup. And even after proving your points also the court will not award compensation to you but instead ask you to pay your wife, the alimony for her sustenance. That is our law, we can't change it. So the best option for you is to talk with her amicably and file MCD (Mutual Consent Divorce) without any alimony burden to you.

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