P Kumar
Asked May 03, 2017

My wife's sterility hidden from me before marriage

  • 1 Answer
  • 398 Views

I am married from last 3 years, can I file annulment of marriage on the grounds that my wife's medical issues that she is sterile and it was hidden from us since the time of marriage.

Answer 1

Sterility is defined as a lack of ability to procreate children and impotency on the other hand means the inability of a person to consummate a marriage or to perform a sexual act. Sterility, by itself, offers no ground for divorce in India, i.e., sterility unaccompanied by impotence is no ground for nullity of marriage.[1] Hence, you may file annulment by sterility as a ground only if you can prove that your wife is impotent as well.

However, you may file for annulment of your marriage on the ground that your consent was obtained by fraud, under S. 12 of the Hindu Marriage Act, 1955[2], as your wife had hidden significant information at the time of marriage.

 

[1] T. Rangaswami v. T. Aravindammal; AIR 1957 Mad 243.

[2] Available at: https://indiankanoon.org/doc/368948/

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.