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annulment based on physically handicapped and polio
Question
I would like to know whether can i file petition for nulify marriage. My husband suffering from polio and walks using jaipur plastic legs. Our marriage is nonconsumated and i stayed with him for 2months.He is claiming that he has marriage photos where he wore calipers on two legs.Also he have few of my whatsapp chats before my marriage with my boyfriend where i told love you to him. After marriage also i used to chat with my boyfriend. Also once i told my husband to transfer money to his mobile number.Can i file petition under 12 1 c null and void under fraud for not revealing polio.Will court accept my petition and ask my husband to give alimony?
Answer ( 1 )
If your marriage is declared as null and void, no alimony would be granted. Since the factum of marriage is over, there is nothing called maintenance to be awarded in such like cases as he was never your husband once nullification is allowed.
If you want to claim alimony, you will have to file a divorce petition.