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Gajender Singh (ca)     27 September 2012

Annulment of marriage for concealment of facts

Dear Sirs,

my first divorce happened in 2008 and thereafter married second time in 2009.

In second marriage we were told that the girl was never married. In 2010 our relations got estranged and we started living separately. In 2011 she applied for divorce and mentioned in divorce petiton that her marital status at the time of marriage with me was virgin. 

Now through some common relatives we have come to know that she was earlier married in 2006 and got divorce in 2007. 

Can we file for annulement of marriage for concealment of facts (with proof of her last divorce decree and present divorce petition where she mentioned herself virgin)?

 

Thanking You



Learning

 8 Replies

Tajobsindia (Senior Partner )     27 September 2012

1. Yes, but mention her status as "un-married" and not as "virgin" when you are opting relief under annulment.
2. However under "status before marriage" column it is never stated as "virgin" instead it is always stated as "un-married or divorced or seperated or as widow" which are correct legal phrases.
[I admire the skills of the drafter who drafted her petition where in she is now caught in her own web of "false virginity status".]

ASHOK (trainer)     27 September 2012

I fully agree with and endorse what Tajobsindia has advise

Gajender Singh (ca)     28 September 2012

Thanks Tajobs,

1. Can i file annulment case in my city provided that marriage took place in her city and this divorce petition is also filed in her city........or i have to file annulment case in her city only. (Any jurisdiction issue?)

2. My concern is also that i can prove that she was not "unmarried" but cant prove that she was not "virgin" what she has claimed in her petition......

3. Ofcourse the drafter is very shrewd. In the petition my status is mentioned as bachelor Hindu and her as Virgin Hindu.

Thanking You

Amit (NA)     28 September 2012

Why was her first marriage dissolved? If it's because of non-consummation of her marriage then she'd be right in stating that she was "virgin". Moreover, if you marriage is consummated, you should have known if she was virgin or not.

Be that as it may, regardless of her being virgin or not, hiding the fact that the spouse hard earlier married comes under fraud and the marriage can be annulled.

Gather the proof of her first marraige (that should be easy, contact common relatives, divorce documents etc) but you also need to prove to court that she did not disclose her prior marriage to you (somewhat hard). Once you can prove both, you have case.

Tajobsindia (Senior Partner )     28 September 2012

Uff oh !

1. I suggest you once again pay attention to the reply especially the words I used "skills of her petition writer". Very cleverly her lawyer has drafted her reply to misguide the court by using word “virgin” but now it all depend how your lawyer pushes your case on ‘fraud” in marriage.

 

2. Her petition writer has skillfully used interchangeable word "virgin" to confuse you that is why inspite a clear reply by me you came to me again with a statement "I can prove she was not a virgin"! How can now you prove if you consumated your marriage with her and otherwise if you have not consumated your marriage with her then also what is need to prove since "virgin for a bride" has never been grounds to marry or divorce!!!!! I mean for what on earth you need to prove her "virginity" when you say you have her earlier divorce papers based on whose (that she was un-married before her marriage with you is what you thought) facts hiding to you, your consent to marriage was taken and now since you came to know about it, you are seeking your marriage with her to be annulled on grounds of fraud and your first query reading before us is just that? Think now off her false virgin status for Gods sake!

 

3. All you have to prove is that, the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment exists as you say and read your first query facts. "Fraud" is simply not telling the truth in order to "induce" the other party to enter into the "marriage" contract. Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case. "Facts" as in your query are that you thought she is un-married when marriage proposal were discussed that is why you entered into a marriage contract with her later. Had you knew before your marriage that she was earlier married and has a legal divorce probably your consent to marriage would have not been obtained, that is your case not "I can prove she was not a virgin" for seeking relief under "annulment of your marriage due to fraud or force ground". 'Force' does not apply to the best of my reading down your query in your case.

 

4. To get now your marriage annulled, you first need to meet the residency requirements of the State that they live in. The "jurisdictional" requirements are similar to those required for "dissolution or divorce" i.e. one of the parties must live in the State where the marriage annulment is filed for a continuous 90 days period. Like similar to a divorce filing, marriage annulment case proceeds with a petition filing, admission hearing, issues of summons, and ancillary documents (her earlier divorce decree certified papers you claim you have are annexures therein to prove your case) that is all.

 

5. In LCI there is no shortage of seasoned Advocates, search its database and get one appointed after due diligence. You will save on your "virgin" thinking greatly is my last reply on your query.

 

Lastly welcome to the great Indian thinking "virgin for a bride" from cradle to grave obsession of Indian males still living in their medieval mindset.

1 Like

Gajender Singh (ca)     28 September 2012

Dear Tajobs,

Thanks for your detailed explanation, but you misinterpreted my querry.
I mentioned that I can prove that she was not unmarried (with previous divorce decree as proof) but the problem is that she has claimed herself as virgin instead of unmarried.

I am seeking advice if i can use her own petition (wherein she has mentioned herself virgin) to prove my stand that i was not disclosed about her previous marriage as i dont have any other proof to prove this.

Thanks,

Tajobsindia (Senior Partner )     28 September 2012

Sir, take printout of my two replies. Discuss with your Advocate. And then follow what he says.

Rgds.

 

What is in the name ( )     03 October 2012

Mr. drrrrrrrrrr,

 

The focus needs to be on being married/un-married or whatever main objective of concern rather than the word 'virginity'. Tajobsinidia has tried to explain to you that her advocate has tried to confuse everyone and diverting attention by use of the word 'virgin'. As Tajobsindia explained and as whatever little law I understand, the word 'virgin' has no relevance or meaning in the court of law when you want to contest marriage/divorce etc

 

Hope this helps


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