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Sisterinlaw concealed that she doesn't have uterus at time of marriage


29-Mar-2023 (In Family Law)
Hello Sir, I need legal opinion for the following details: After 5 years of marriage, we came to know that my brother's wife doesn't have uterus and it was hide from us at the time of marriage and also during the tenure of marriage. Kindly help us for the aforementioned Details.
Answers (5)

Answer #1
773 votes
You should file The divorce petition before the fimily court under sec. 13 of the Hindu marriege act but during the time of trail u have to collect the evedinnce that she hide that problem of uterese .before the marriage. Thanking you
Answer #2
939 votes
You can file a petition under section-12 of Hindu Marriage Act,1955 (assuming that you are a Hindu), for annulling the marriage. The petition should be filed within 1 year from the date you first came to know that she does not have uterus.
Answer #3
575 votes
refer to your case its fit to get the legal recourse if you want such as divorce on this ground. BUT, you need to do some exercise such as doctors report etc. meanwhile, you are also required to show since how long it is within your knowledge.
Answer #4
619 votes
From all this it was said that marriage had a purpose behind it to procreate in addition to obtain highest conjugal happiness. Even in Sapatpadi ceremony, fifth step is taken in respect of "Offspring" or begetting children. That being so, even if she was able to afford sexual happiness, since she had no uterus or cervix, and as it cannot be introduced, she will never be able to conceive and beget any child at any time and that way she was impotent as ordinarily understood amongst Hindus. In such circumstances, the marriage can well be annulled under the Act.
Answer #5
845 votes
It could be a proper ground for divorce, if you can proove that , she hide it with melafide intention.
And you were not aware of it.
If it is accepted that you were agreed with this information at the time of marriage,then it will not be easy.

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