- This topic has 12 replies, 7 voices, and was last updated 1 year, 4 months ago by
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UHi,
I 31M living outside India was introduced to a girl by my parents through matrimony in April 24. We started talking and everything was going good. We planned on getting engaged in Dec’24 and we did. Just to get the visa process kickstarted we also got registration marriage done. We maybe kissed but did not have sex after marriage.
However I recently got to know that the girl has a mental condition that’s not completely cured yet and was hidden from us. I’ve had my reservations from the start as she’d get overly abusive at times. I have a past and it was informed before the engagement, but now after the court marriage she suddenly can not digest the fact that I had a relation with someone. She calls me up late in the night and keeps asking me for all the details. I thought I could win her over with love and adjust with her unaware of the situation, but I was a fool.
A couple of days ago I got a call from her saying that she needs a divorce and that she has informed her parents that she does not wish to continue. I tried talking to her parents about this but they acted like they were unaware and mentioned that the medical condition is not something they thought of importance to be shared. They just said we thought you guys had a fight.
What are my options? If we go for divorce will I still have to pay alimony? Any option to get the marriage annulled? I feel so helpless, it’s my mistake that I didn’t do enough research and I accept it. There was societal and family pressure. Please do not bash unnecessary it’s already hurting a lot. -
QIf it is an unconsummated marriage, you can always get an annulment and not a divorce. No question of alimony.
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UYou sure, the fact of the matter is. What ever you do, how much carefull you are and even if you are totally on right side. You are screwed as man in India
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QTrue that it isn’t a slam dunk case but again, the option still remains. The court might rule either way on the settlement, but by hiding a medical condition, the girl has lesser leverage that too in an unconsummated marriage. A good lawyer on OP’s part is key
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UDoes it matter in the eye of law(india) that a marriage is unconsummated
I am assuming indian citizenship, the renewal of passport renewal can be a pain
Most likely interim maintenance will be granted, which can’t be recovered even if the case ultimately goes in favour of OP
Assume everything is in favour of OP, still quashing petition will take a long time
And many many other inconveniences
And there is a slight chance, he will be asked to be present in court
It is a really hard and up hill battle, it’s better to set the expectations right for anyone going in.
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P1. Her mental health condition, which was kept hidden from you, do you have any proof of that? If yes, you can claim annulment on the grounds of fraud. In case of annulment, generally no alimony to be paid. She may claim though, you have to put up a fight and be firm that you are not going to pay anything. If there was any expense that they incurred for Engagement and Registered Marriage, you can pay either half or whatever you want to pay. Learn more about Annulment/ nullity of marriage here [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)
2. under Hindu Marriage Act you can only register the marriage that has taken place as per Hindu rites and rituals. If you have done the registration of the marriage without the actual marriage, the technicality of this can be challenged. For further clarification, you can contact us [https://g.co/kgs/LaAUUKi](https://g.co/kgs/LaAUUKi)
3. Non consummation of marriage owing to impotency of the respondent can be a ground for annulment. But in your case, I don’t think it will hold.
4. You must file the petition seeking annulment within 1 year from the date that you have discovered the fraud by your wife or her family.
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UUnfortunately, it was only verbal and was only recently told when I asked about why certain experiences trigger her. Parents are outright rejecting that something of this sort ever happened. She needs help, her father is thinking of what the society will say. She mentioned that she’s broken into pieces and still get nightmares. Again the family is not ready to reveal anything and are forcing her to not say a word about it. Even if we go to court they’ll likely force her to not say a word about it.
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JAdvocate here,
Annulment is granted quite rarely by the courts and that too for very specific grounds. However, it is a good pressure tactic to bring the opposite party to the table for discussing mutually beneficial terms of a divorce. The entire thing can be done even if you do not wish to travel back for court process by appointing a special power of attorney here.
I’ve secured a mutual divorce for a client based in the USA, where he did not need to travel to India even once.
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UThank you very much for the prompt response. We were planning on getting married as per rituals as well in the month of April and I do not wish to proceed now. She needs help but her family says that they have made all the arrangemements and informed everyone. I don’t understand why they are neglecting the underlying issue. I still completely don’t know what the problem is, idk why they just want to push her away. She mentioned a few times before revealing this that’s broken beyond repair and that no one can fix her.
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