Jashan (Engineer) 19 November 2013

Annulment case information

Hi, I got married last year and during our honeymoon period my wife used to keep on quarreling with me on petty issues and I have also come to know that she had undergone some psychiatric treatment before our marriage which was hidden from us. She didn't even allow to consummate our marriage. I had filed an annulment case but that has been transferred to her city and also they have filed a maintenance and domestic violence case. We do not have any proof of her psychotic problem. From whatever discussions we had with her and her parents it is clear that she was not willing to settle down in a marriage and the marriage has been done only to secure her future by extracting maintenance from us. They are demanding huge amount for ending the marriage. We cannot prove her mental illness, so can I get an annulment only on the basis that she did not allow to consummate the marriage? I am ready to undergo medical test to prove I am not at fault but is their any test that can show her impotency or mental problem? Please guide me how can I proceed with this case and what can be the outcome..

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Jashan (Engineer) 20 November 2013

Yes, we tried that but they are asking very huge amount which we cannot afford. Our marriage didn't last for even a month but I am not sure on what basis they are demanding such amounts.

LegalJohnDoe (Counsel) 21 November 2013

If you can prove that the marriage was not consumated then it is a simple case of getting the marriage annulled. The Supreme Court of India in the case of Vinita Saxena vs Pankaj Pandit [Appeal (civil) 1687 of 2006] held that non-consummation itself would constitute mental and physical cruelty and would be a ground for divorce. However, if it is contested, then you should have some competent legal support that will help you to get an order in your favour. You can get a lawyer through this site called lawkonect.com which provides you lawyers according to your specifications.

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Jashan (Engineer) 22 November 2013

Hi LegalJohnDoe,

Thanks for your suggestion. She has accepted in her Maintenance case that marriage was not consummated but has blamed me for that. I am ready to go for medical(impotency) test to prove there is nothing wrong with me, but how can I prove that she was the one who refused for it and not me? Will the court approve annulment just on the basis of non-consummation even if it is not proved who is at fault? and what about alimony in such a case?

LegalJohnDoe (Counsel) 22 November 2013

Hi Jashan

Please check your Inbox

Regards

LegalJohnDoe

Jashan (Engineer) 11 December 2013

Law completely seems to be in girls favour. Now an Interim maintenance of Rs. 10,000 has been passed. Not able to understand the reason for this judgement. The marriage lasted only for few days(that too non-consumated). She is well educated so there is no reason for her sitting idle at home. I had read in various forums that the maintenance is provided for women who have to take care of their children and/or cannot work and even in such cases the amount is in the range of 2000-3000. Can you please tell me why such huge amount would have been granted in my case and what can I do to fight this?

Jashan (Engineer) 11 December 2013

I am currently jobless but they are saying that since I left the job after marriage I will have to pay. But I am not sure if income matters here since I have read many cases where even if the husband is earning around 80-90k per month, maintenance is very low say 2-3k and my salary was very less even while I was working. I am confused as to what is taken into consideration while deciding the amount.