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Dinesh   31 August 2016

Fraud in marriage (concealment)

Just after one month of my marriage I got to know that my wife is a chronic kidney disease stage 4/5 patient and she needs kidney transplant. The girls family were hiding this fact because stage 4/5 take 2 to 5 years. Kindly guide me, What to do now? whether annulment is possible in case of chonic kidney disease? I have all the documents (medical reports) post marriage.
Are there any previous judgeents on Marriage annulment due to concealment of this kind of disease?
 Regards



Learning

 15 Replies

adv.bharat @ PUNE (Lawyer)     31 August 2016

Dear 
Dinesh to annual the mariage there are other ground which is not applicable in your case.

Before marriage u need to do medical test not after marriage.

Now it depend up on you what you want to do.

If u like my suggesation then give THANK on my profile.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     31 August 2016

Sir, 

 

You can seek the annulment of the marriage on this ground . 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Dinesh   31 August 2016

@Kapil Sir: Court need proofs and evidence.... I don't have any reports prior to the marriage but all the reports post marriage... One thing is medically proven that in 30 days one cannot reach stage 5... also doctors have advised that it is Chronic Disease and only possible option left is Transplant 

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     31 August 2016

Sir, 

 

Sometimes the proofs are circumstainal and I beleive if you were aware of the facts about her chronic disease you would have never entered into this relation. Next is take the medical opinion about her disease and submit before the court. 

How the marriage was fixed becomes an important factor to be used as peice of evidence. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     31 August 2016

 

It should have disclosed by the family of your wife, your wife.

Is anyone from her parental family willing to donate 2 kidney's?

Laxmi Kant Joshi (Advocate )     31 August 2016

First take medical advice from an expert doctor and asked him how old is this disease of your wife ,gathered all the evidences relating her disease and submit them before the court your marriage will be annuled on this ground .

whatnot   31 August 2016

The predicament  is sympthasises, it is ignorance in these time not to do due diligence. Blaming the other party (fraud is serious word in court) and looking for easy way to unload is border act incomptence.

If you had courtship before marriage her lawyer will turn around and say you were verbally informed. Kidney problem would showup (at least stage V) during ceremony, honeymoon, medicines taken daily basis.

Your consent was taken (without pressure) don't just  jump the bail.

Consult doctor and have her checked. See if donor is available. Let the family know that you are upset about concealment (if it is true) but you are willing to take care. Give them support. Hold steady.

Or else take a insurance on her . Nominate yourself and wait for her to pass.

 

Either way blood will be in your hand.

 

Kumar Doab (FIN)     31 August 2016

Certainly another Prespective is : be by the side of your wife and get her proper treatment.

In her critical condition would she get insurance? Decision is of insurer!

 

Insured has right to nominate as many, change nomination as many times and assign the policy to anyone out of love and affection, by financial pronote.

 

Rest you have come to legal forum to seek legal davise.

Your legal counsel can opine better after examining your inputs.

 

 

Dinesh   31 August 2016

@whatnot: signs were very well visible from the very next day of marriage... we couldn't go to honeymoon etc.. in less than one month we got to know about this... 

As per doctors (nephrologists) it s a 2-5 years old case and it cannot be covered under any medical insurance as it is a chronic case

Kumar Doab (FIN)     31 August 2016

Local IMA unit can hlep you.

Otherwise also the treating physician may not refuse.

You can get all record.

RTI route can be pursued.

If any insurance claim was made, all linked policies can be searched.

Two lives and two families are involved.

Your query has been discussed.

Finally it is your call.

 

KS Johal   01 September 2016

It will be easy to get marriage annulment if both sides agreed to this. Otherwise the girls side will confess that you knew about this before the marriage took place. This all depends on what type of relationship you have with your wife and her parents. Sometimes there are families that want you to bear the financial Burden and also the emotional burden that goes along with the marriage. You must understand that not all people are healthy when they get married to each other. You may understand that marriage is about love and affection and looking after each other whether it is in sickness and in health. What would you have done if your wife have developed this after the marriage rather than before as you confess. Would you still go for marriage annulment knowing that this problem has risen after the marriage rather than before marriage? If you were medically unwell would you expect your wife to go for marriage annulment? I am sure the court will determine the facts. I fully appreciate as to what you have said. Yes if you want marriage annulment and provided your wife agrees to this it would be is straightforward annulment, otherwise it can drag on.

whatnot   01 September 2016

Insurance talk was just off topic. I digress.

 

Mr. Dinesh matter of fact is you have to take a decision. As other expert opined not all are healthy (Yeah I understand . This is life threating). Even family both side will suffer. You may get suspicion  every other alliance you may puruse (in the future).

Sit down with elders. Let not emotion take over. Find a solution.

It is senitive issue for all concerned. Online may help you so much.

Look what can be done rather than what was done.

My prayers with you all.

Hope an amicable resolution will be found.

N.K.Assumi (Advocate)     01 September 2016

Well it maybe a matrimonial desception, but it is also an empty matrimonial relationships without love, responsibility, care and duty. I dont know why there can be a marrige  without real and genuine concern for each other.Even if the girl did not hide the ailment and it all really develop immeditely after the marriage, should the marriage be dissolved?

Dinesh   01 September 2016

@N K Assumi: Stage 4/5 take 2 to 5 years time no in just 5-6 days... we got to know that they were hiding the facts as well


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