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rameshnarayan   12 January 2015

Marriage annulment

Dear All,

My sister had a court marriage with a man whom she met through a matrimonial site. The man is an Indian and currently working in Germany. The marriage was registered under the Hindu Marriage Act. My sister was supposed to leave for Germany after she received her spouse visa, however shortly after the court marriage, she was contacted by a woman based in Germany who confessed to her about having s*xual relations with this man. This man also confessed to my sister, and we have the audio proof of this since my sister recorded his voice. 

She has filed for an annulment of marriage under fraud. This man in his response says that all charges are fabricated and that our family was seeking money for marriage, and they are filing for annulment when he refused to comply. He of course has no proof for his claims since this is a false accusation. Recently his lawyer came and threatened us that he will file more cases on us, and that he will not spare us. We are a simple family, and have not even sought any financial/mantainence money from this guy which my sister is infact entitled to. I would be grateful if someone could give us some advice on how to deal with this. I would also like to add that the marriage has not been consummated.

Thank you



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     12 January 2015

You can file petition for annulment of marriage under voidable marriages under Sec. 12 of Hindu Marriage Act.  Following are some of examples of consent by force or fraud on which marriage can be annulled.  

(i)---Concealment of factum of annulment of first marriage at the time of second marriage.

(ii)---Non disclosure that party getting married to petitioner is partially disabled because of polio in the childhood.

(iii)---Threat to commit murder or to commit suicide.

(iv)---Impersonation at the time of selection for marriage i.e. person shown was different than person actually married to the petitioner.

(v)---Respondent allegedly suffering from heart disease from childhood.

(vi)---Concealment of fact that the respondent was suffering from tuberculosis

(vii)---Non disclosure of alleged illicit relations of respondent with third person.

You case comes under point (vii).  In my opinion, you have to give one chance to your husband to change his attitude, because having illicit relationship in foreign country are common.  If you are much serious about this issue, you can file petition for annulment of marriage under Sec. 12 of Hindu Marriage Act.  You can show the evidence you have with you i.e. voice recordings, email conversations, witnesses etc.  You have to file petition within one year from the date knowledge (knowing the fact of illicit relationship).  After one year your right to file petition will cease as it is voidable marriage.

Shantanu Wavhal (Worker)     13 January 2015

the marriage should be under SPECIAL MARRIAGE ACT


u can phone me for free advise

T. Kalaiselvan, Advocate (Advocate)     16 January 2015

The step what your sister has taken is a right step.  It is very correct that she moved in a right direction by filing a petition for annulment of her marriage on the grounds of fraud played by her husband by suppressing the fact of his previous marriage with another female which was material to this marriage wit your sister.   Ask her not to budge to any pressure or threats from any quarter and not to withdraw her case, she can very well include the name of the previous wife (if known) and also affirm before the court that the marriage was not consummated. Be in touch with your lawyer constantly.


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