Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandy   24 April 2015

Annulment on fraud

Hi,

 

 I am NRI and need some assistance in applying for divorce.I got married last year in Aug to an Indian girl in my home town.My marriage was not consummated.After the marriage I learnt from her hospital records that she has PCOS(details below) from age of 13 and realized that this issue was the real cause for not consumating the marriage.Can this be ground for annulment based on fraud?.Please advice?

https://www.webmd.com/women/tc/polycystic-ovary-syndrome-pcos-topic-overview



Learning

 4 Replies

bsrao   24 April 2015

PCOS is not a ground for divorce. Consummation of marriage does not mean she should bear a child. Apparently, you want a divorce from this girl. I suggest you buy it ASAP before you get into trouble. Act submissive in the process and try to conclude internally even it is costly.

Hope this helps.

B S Rao

Hardeep (Business)     24 April 2015

Pre existing / post marriage medical situations are not grounds for divorce unless they are of such nature  that normal marital life is not possible at all - insanity, leprosy, venereal disease and for a minimum period of 3 years before the divorce petition.

Link as cited by you does not indicate any such grounds.

See Hindu Marriage Act S. 13.

 

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.For DIRECT contact with me / my friends and more law related informations / queries visit https://lawforall.in

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

Polycystic ovary syndrome (PCOS),  is a set of symptoms due to a hormone imbalance in women. Symptoms include: irregular or no menstrual periods, heavy periods, excess body and facial hairacne, pelvic pain, trouble getting pregnant, and patches of thick, darker, velvety skin. Associated conditions include: type 2 diabetesobesityobstructive sleep heart diseasemood disorders, and endometrial cancer.(COURTESY  A MEDICAL JOURNAL)

Annulment of marriage is not possible  citing this cause. If U want to get rid of her U can file a case for suppression  of material facts regarding her health condition,before marriage.

Hardeep (Business)     25 April 2015

I am not sure if this falls under material facts for divorce under HMA. Any case/ law citations ?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register