Ex parte annulment rejected what to do.


Sir, I had filled an annulment suit on the basis of fraud as my wife had left without consuming the marriage just after few days and I came to know that she is a transgender, I also filled 420 case. Annulment case went ex parte and bailable warrant was issue in the 420 case, but in the annulment case the judge rejected the petetion citing insufficient proof as we did not have any medical certificate mentioning gender issues of my wife. Sir, do you think it is fair to reject the petetion as the only way to prove that my wife is transgender is by medical examination under court directions, and obviously they will never appear in the court for the same.

Answers (2)


142 votes

Dear Sir
That it appears that your case has been rejected by the competent court of law and the only remedy available to you to file appeal under section 28 of the Hindu Marriage Act with in 90 days from the date of decree or order.
Now further you stated that you filed a criminal case against your wife and according to law you can get benefit of that case only after final decision of case (if in your favor).
Rejecting your case by Hon'ble court depends on the merit of your case.


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101 votes

Venerated Sir,
I have meticulously perused your grievance and found that your annulment suit is good but why you have filed petition under section 420 of IPC against wife because it is not a case of charting under section 420 of IPC. You can make a petition in other proviso appropriately for medical test of your wife. Feel free to call me.

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