Dear Querist
as per your queries my opinion are as under
1. What is the chances of winning the case based on concealment of heart disease which is right from birth. How much time the case go?
Any previous verdicts where it has been succesful.?
Opinion: if you proved it before the court that they commit fraud then you may win the case, you you have any judgments related to same matters then it will be very helpful to win the case.
2. What is procedure to file this and how much approximately would it cost.
Opinion: if both of you are Hindu and the marriage was solemnized as per Hindu rites & rituals then file an annulment case u/s 12 of Hindu Marriage act,1955 based on the fraud.
12 Voidable marriages .
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].
3. Will the maintainence be applicable after annulment petition. i have heard even the maintainence petition from girl cannot be entertained when annulment petiton is running? Is it true?
Opinion: yes, to get maintenance it is mandatory to prove legal wedded wife and when the annulment petition is pending then she can not get maintenance remain its discretion of the court.
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