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rajendra (na)     04 September 2013

Need advise on marriage annulment on basis of fraud

Hello Experts,

Case:498A and DP ACT 3 & 4(charge sheet not yet filed)

status:All are on bails

divorce:Petition not yet filed

DVC:status closed

married to a female impotent(have medical proofs) and in bail order judge mentioned male hormones clearly and in DVC she skipped the medical test and protection officer closed the case.Yesterday had a word with my SIFF memeber on phone and he told if the girls parents wantedly cheated then we can a private complaint court and after that we have to go for annulment not for divorce.its a step by step process.

Now whats the difference between section 12A in divorce and annulment on basis of fraud.

1)if we have to file a pvt complaint in court what would be the normal process?do i need to attend the court everytime or my lawyer is enough to handle the case?

2)where we have to file complaint?present living city or marriage happened city?

3)who and all my respondents in this case?father,mother,wife?

4)do we need to prove this case before we go for annulment?or once we file the case can we apply annulment

5)what is the procedure for annulment and how its different from divorce?how long does it take?

any other suggestions are welcome

Thanks in Advance.


 2 Replies

Nadeem Qureshi (Advocate/     05 September 2013

Dear Querist

you can directly file a case for annulment if there is any fraud happen with you regarding marriage u/s 12 of HMA. the main difference is that if the court declare the marriage is annul then the husband is not liable to pay maintenance to her and she can not claim maintenance from her husband.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 September 2013

Hi Buddy,


All these questions are basic in nature, please use google king to find the answers.



Shonee Kapoor


If you don't fight for what you want, don't cry for what you LOST.

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