Before The Court

Whether non-disclosure of some facts attract the provision of annulment of marriage?

I have been married to a girl who is using hypnotic drugs since birth and her parent’s marriage comes under prohibited degrees of marriage. Whether I have the right to annulled the marriage on the ground that her parents are married within the prohibited degree of marriages and can they be punished under section 420 of IPC or the only option that I have is to divorce her?
asked Oct 9 in Personal Law by Arpita Tripathi
recategorized Oct 13 by Arpita Tripathi

1 Answer

0 votes
The grounds for annulment of marriage is laid down in section 12, where the annulment can be given if the Court is satisfied that these are the material facts having bearing on marriage. The marriage cannot be annulled and also you cannot file for divorce on the above mentioned grounds as the child will always considered to be legitimate even if there was sapinda relationship. As far as the use of drugs are concerned they are prescribed drugs for insomnia and not for lunacy or insanity therefore, you don’t have the ground for annulment and divorce. You cannot charge them under 420 of IPC also as far as section 420 of IPC is concerned it talks about fraud the elements of fraud are mainly includes property in it.
answered Oct 13 by Arpita Tripathi