Medical condition of husband kept secret before marriage. What to do?

874 votes

You cannot file divorce unless one year having passed from the date of marriage.
However, you can file annulment of marriage which is to be filed within one year from the date of marriage. The petition can be filed at your place of residence.

LawRato LawRato

695 votes

Section 12 deals with voidable marriages or marriages which can be annulled. Annulment means that the marriage never existed so the next time when you marry, legally it will be your first marriage. However, in your case annulment is not possible as it does not fulfil the conditions of section 12, so you have no option but to go for section 13B, that is divorce by mutual consent, in this case, both you and your husband can work out a deal/compromise and part ways, but this is a long drawn procedure and you will have to comply with the strict conditions of the statute, the minimum period prescribed cannot be waived, however, in the long run, this is the best option.

Advocate Imran Ibrahim LawRato