LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

menrights   20 October 2015

Annulment of marriage under fraud by husband

Hi Experts,

Seeking advice for my cousin brother who got married a month back only. He is a M.Tech in Mechanical Engineering and had wanted a wife who is at least a graduate. This marriage happened with the help of some distant relatives who completely fooled us and we later came to know that the girl does not hold any degree. The marriage is 1 month old only. Here are some bitter truth which we came to know only after marriage :-

1. They told she is BA in history, so in the marriage invitation we printed it as BA history and later we came to know that she has not passed any exams in the course..

2. On top of this, she has only studied till 10th. She did not go to school after 10th and just registered for BA history in an open university. It is possible to study BA without 12th pass if done through correspondence.

3. They did not let us know about these details before marriage, never allowed the girl and boy to talk so that we never come to know about the truth. On the marriage day too, there were incidents where the girl lied that she is BA history.

4. Also she has been taking pills for Thyroid since her 9th grade, even her medical condition was not told to us. 

5. The way the girl was sent to our home was as if it is the end of their resposibility and it is the start of ours. she is also not mentally sound.

My brother has not had any physical relation with her and we are planning to send her back to her home. We do not have any proofs except the marriage invitation that we were fooled. No medical records were exchanged prior.

I would like to know, if this case could be considered in annulment of marriage, which is 1 month and 3 days old and no physical relationship has occurred. Also is this case strong enough to be won from our side.

hoping to get some replies.

Thank You 



 20 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 October 2015

Yes, they have hidden material facts, which if known to you, would have changed your opinion. You can ask for annulment of marriage, though BA degree or 10th pass will alone be not sufficient ground for annulment. Meet a local lawyer
1 Like

menrights   20 October 2015

Thank You sir for the reply.

Could you tell just a few examples what could be a strong reason other than the BA degree for annulment. Does this stand a good chance ? Or if you can give some examples ? should it be a good idea to take the girl for a complete medical check to see other things which may come out of the test ?

Thank You

sandykrish (Interested in Family LAW)     21 October 2015

I'm afraid to say the above grounds would not fit in for Divorce read HMA 1955 for available grounds. More over Thyroid disease is not considered as a case for divorce. The only option left out to you guys is to sit negotiate and intiate the MCD upon completion of 1 year of marriage.
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

i am not able to understand whether U people wanted a good wife for Ur brother or a graduate? U R thinking of annulment just after one month of marriage just for the reason she is not a graduate.The marriage system in this traditional country is being dumped into the drain for petty causes.Its a pity.Why are U acting as a proxy for UR brother by posting this query? The reason and the limitation, do not invite annulment legally.

She can complete her graduation within no time and don't wreck the marriage of UR brother.

I also feel the reasons could be something different which U are not comming out.

1 Like

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 October 2015

At the outset itself it is clear that  your case is on a weak footing.  It a"ppears as if your brother wants to marry a "B.A. (History" decree rather than a good human being !   Moreover,   in this 21st century, a well qualified person like your brother holding post graduation, viz. M.Tech., entering into matrimony without even seeing or interacting with the girl cannot be believed at all.   Considering the details stated by you,  it appears that your sister-in-law has a strong case to move against her husband and in-laws, if she is harassed for such petty issues any more.  Therefore, rather than working to divide your brother and his wife,  as a responsible brother, you may persuade your brother to give up the idea of divorce but to find alternative ways to lead a happy married life.   Why not spare some time to think from the shoes of this innocent girl who has left her parents and relatives to marry your brother ?

1 Like

SuperHero (Manager)     21 October 2015

What is a Marriage???

Agreed they have fooled you by not letting know her qualifications. So you guys are deeply hurted.

You can't just say she is not mentally sound or any other word you utter needs to be proved in court of law by evidence.

I agree There are cases where the Girls parents want to transfer the responsibility to the Guy and be happy.

So you want to apply for annulment or divorce??? then what next roam around courts and then again verify whether the person is a graduate or not and then get married.

In today's matrimonial market, getting married itself is a big task like making Bahubali movie!!!

 

1 Like

menrights   21 October 2015

Hi All,

Well I do not have any reason to lie. My brother always had this wish of marrying an under-graduate at least and the marriage is in town, not a metro. The bride came through relatives who were closer to the brides side and they decided to do this to us. My Uncle and Aunt were too good to not doubt since it came through relatives and they believed it. Yes, it is difficult to believe that the bride and groom did not talk, but that is how it was. They intentionally did not give any phone number of the girl and we trusted them. Moreoever my Aunt has gone to visit the girl before marriage quite a few times, but they always made sure the girl is not left alone and someone else always answered the questions. To add to this, the girl has an elder sister who is also married to a person and there is something wrong with her marriage , she stays with her parents and it has been some years now. 2 Things, they were too bad to us, and my uncle and aunt were too good to trust them. Also to give all of you more clarity of her studies. She did her 10th 9 years back and that was the last time she went to class. They are not poor and BA or BSc degree is not costly as compared to B.Tech. She for sake registered for a BA correspondence just for namesake and has not passed any papers, the BA correspondence too has gone for 3 years now. She does not know cooking , since she went to a school were she taught LKG UKG. She can hardly do any household work. My brother does not earn much and he needed someone who can support him financially too atleast a littel. Now he is left with one salary and not so healthy parents all on his shoulders with this wife.

Thyroid is the only thing we know of now, we do not know of any other medical conditions. 

Thank you for your answers.

b.goheel   21 October 2015

Sympathy fr ur trust hs been betrayed.
m sure m not mistaken in my assumption tht ur side too hs approved the girl.
thyroid gland is developed around neck area  and it may visible if I m not mistaken.

it is not fair fr anyone to hide.
appreciate ur field work to dig out info tht it was frm 9th gr. Has been succeeded.

Please guide hw to dig info tht r kept in fort knox. Tht may helpful to other victims in this forum including me.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 October 2015

At the conclusion,Dear Querist I would like to mention that thisis not a legal aspect but a family affair.

 

Sudhir Kumar, Advocate (Advocate)     03 November 2015

I had been going through the post and the advise given by Ld experts.-------------------- I was waiting for -=--------------- finally you said "My brother does not earn much and he needed someone who can support him financially too atleast a little. Now he is left with one salary and not so healthy parents all on his shoulders with this wife."-------------------- that shows the real you -------------- actual you wanted a good earning wife to act as ATM for your brother who (i) wants to get married (ii) not able to afford a family ---------------- without this pre-condition you are not keeping the girl and running for some ground or the other for divorce ---------- you even request this site to suggest some ground as there is no ground for you ----------please read the definition of dowry.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 November 2015

Rightly concluded by Adv Sudheerji

menrights   04 November 2015

Hi All,

I am not sure how most of the people support the woman side so much. Just to give you all a comparison. Brother is m.tech, b.tech in mechanical eng, the girl is 10th pass. Forget about she going out to work, she cannot even do household work. Cannot cook properly, does not have a strength to sweep or wipe the floor. To add to this, the girls elder sister is not even 10th pass and has been fooled and married to a another guy who has a decent job in Indian railways. The elder sister has diabetes, thyroid. Their relation is also not going well. Now is this fair on the Girls side at all. With a woman in house, what is the use if she cannot do even household work. I seriously do not understand how people and other advocates so blindly support the girls side and accuse the guys side.

Thanks a lot for all your suggestions.

SuperHero (Manager)     04 November 2015

Originally posted by : menrights
Hi All,

I am not sure how most of the people support the woman side so much. Just to give you all a comparison. Brother is m.tech, b.tech in mechanical eng, the girl is 10th pass. Forget about she going out to work, she cannot even do household work. Cannot cook properly, does not have a strength to sweep or wipe the floor. To add to this, the girls elder sister is not even 10th pass and has been fooled and married to a another guy who has a decent job in Indian railways. The elder sister has diabetes, thyroid. Their relation is also not going well. Now is this fair on the Girls side at all. With a woman in house, what is the use if she cannot do even household work. I seriously do not understand how people and other advocates so blindly support the girls side and accuse the guys side.

Thanks a lot for all your suggestions.

@menrights - Let me play Devil's advocate here... So it is going to be straight forward.

1. Is she willing to cook?? Yes or No.

2. Is she willing to sweep and do the household activities? Yes or No.

What do you mean by she doesn't have strength to clean the floor??? Is she so weak and incapable of doing house hold things..

So by your logic educated Women knows how to cook, Earn Money and keep the house clean and take care of in laws.

In return what does the Women or Wife get???

How does it matter if her elder Sister has Thyroid and Diabetes...Even there are some Kids who have diabetes now??

I agree you had an expectation and your expectations were doomed.. Also agreed there are some duties for a Women after she gets married...

Now if you go for divorce...it is going to be tiresome, money, health and time involved. If you are ready for it, pull the trigger......

For Every Action, There will be an equal and Opposite reaction.

After this Post an Ad in matrimony what are all the Qualities your looking for?? and then see how life Goes..

Here we can write what ever we can, if the post is not appropriate, the admin will remove it...Period...

You may think this is rubbish... Rest is all upto you....What ever you do Pray to God...and do with a Clear Mind and Thought....Good Luck

menrights   04 November 2015

1. She is not willing to cook.

2. She is not willing to do household job and has never done in her life even at her home.

People may have diabetes or any disease. But if someone is going to marry someone, they were supposed to tell all this before marriage. Nothing happened and we were assured everything is fine. But all this is we are only getting to know now.

The marriage happens for both the husband and wife to live happily. Here, it has just become a burden from the start. My brother would rather live alone hereafter than live with such a marraige. Sorry if this sounds odd. yes not sure, how this is going to end.

Thanks for the suggestions..

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query