Legal Question in Family Law in India

My Consent for marriage was taken by fraud/misrepresentation of medical health of the bridge. She was suffering from complex fits mental disorder since her childhood.

Married in 28/Nov/2010, we came to know about her mental disorder 2nd day after the marriage and immediately called her parents to take their daughter. Ever since then she is staying there and we don�t have any child. It took almost a year to gather bride�s medical documents to prove she was suffering from metal health before marriage. We were able to gather documents of her mental disorder since 2004 and then approached the advocate who filed a petition in criminal court Nov/2011, IPC-406, IPC-420, up on courts direction, Police filed FIR in Dec/2011. In Dec/2011, I appeared twice in the court in Dec/2011 and judge told me to come after 6 months. Since then we never received any update on the case, the police also did not investigate. I approached my lawyer and he advised to mutually settle the case. I felt everyone is favouring the GIRL and could not approach other advocate because I was running in financial crisis and on other had mother was not keeping well. I was the only son to earn and could not compromise Job and Mothers health. So, I ignored the case, don�t know the current status. This shocking incident effected my mother a lot and she stopped taking care of her health which effected both her kidneys and she is in critical stage, her only wish is to see me married and have kids.

I found out Annulment option for similar cases but the limitation to file petition is 1 year. I approached advocate and he says we can�t file for Annulment.

Why should be there be a limitation for justice? Should not we have a fundamental right to justice? We filed a petition with in year but it was in criminal court for cheating but not in family court because my advocate did not advise me?

Can someone please help me gain trust in justice system, please help me.


Asked on 12/01/14, 3:03 pm

1 Answer from Attorneys

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Answered on 12/04/14, 12:30 am


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