Husband trying to frame wife
sakka
(Querist) 21 September 2014
This query is : Resolved
A and B are brothers staying in a rented house, the rental agreement of which, is in the name of B. Both the brothers are under debt(rs.10 lakh). A also has alchohol, control and temper issues for which he is under medication to keep calm.
Now, a girl, who suffers from a rare psychiatric condition[the condition is itself under study in the medical world and there are no causes, cures or treatments prescribed for such a condition] hence psychiatric drugs are prescribed for her. Her parents are searching for a suitable match for her, come across A's profile where he has said that he works in a MNC and he is an engineer by education. [what he hasn't said is that he is working in the call-center of the MNC and not it's engineering wing].
the girl promptly tells him about herself before marriage when they talk face-to-face and on phone.
A does not tell about his financial debts or his temper issues.
They are married.
After marriage on A's request the couple stay at the girl's parents' house. After 1 month A takes her to stay with him in the rental accomodation where he stayed prior to marriage with his brother. Now his brother is out of station. During the month A forces the girl to stop her psychiatric medication, which she agrees for his sake. He then asks her to deposit her money(her earnings from her previous job) in a joint account which he shall utilise to repay his loans. She refuses. Meantime teh girl also comes to know about his debts and his temper and control issues. Her MIL comes to stay with them and both the son and the mother put the pills in a bottle(without name) and hide it from the DIL.
Next day, A locks her up in his house saying it is for her own safety. Now the girl gets scared and calls her parents, who come and take her home, the next morning. No complaint lodged.
Next A tells everyone that she left out of her own will. when she goes back after 2 months to stay with him again, A refuses to allow her inside.
In the subsequent 2 months her psychiatric medication is stopped by her doctor due to her improvemnt. Delighted she goes to husband's house and informs him. Again he refuses to believe her and does not allow her inside the house.
A goes out of station on work informing the girl's family but does not inform them on his return after one month.
Now the girl and her parents begin to understand that maybe they are being cheated.
Two months later, the girl and her parents go to his office and inform them. At that time, A leaves the job by giving the reason as "personal life affecting work".
Then parents go to A's house again to confront him. He does not allow them to come inside. this time A files a complaint in the local police station. The contents of the complaint are unknown but the police refuse to help the girl to settle back in her husband's house saying that it is his brother's house and hence they cannot do anything.
Now only 2 months remain till 1 year completes.
the girl and her parents are in slightly better financial situation than A.
On the completion of 1 year A contemplates to file divorce based on the grounds of fraud.
Some of his arguments are
-that although A had knowledge of her condition, he wasn't given "full" knowledge of the condition.
-that just because he has loans does not mean that he asked her to repay them
-that there is no proof that A did not allow her and it cannot be said that she did not leave of her own will
-that there is no proof that A had locked her up in his house.
Hence divorce must be granted on the basis of fraud and cheating on the girl's parents' part of withholding material facts before marriage and since because of them A lost his job, he has to be compensated.
What are the mistakes of the girl and her parents?
What steps they could have taken before 1 year of marriage completed?
How can she prove who is the real fraud?
Please note: This situation is of my family member. Since this is a public forum I posted it like this.
ajay sethi
(Expert) 21 September 2014
be brief and to the point .
Rajendra K Goyal
(Expert) 22 September 2014
In the given situation it if the divorce is opposed, it would difficult to succeed.
Wife may proceed with the cases of 498A and DV act. She has right to stay in the matrimonial house.
sakka
(Querist) 22 September 2014
Ld.Experts, the girl has a free lawyer as she cannot afford paid ones. the free lawyer just said you wait, don't take any step.
Hence asking you to reply in the interest of humanity.
Goyal Sir, thankyou for the reply. for 498a she must have these things recorded as evidence right? but she and her father are the only witnesses. there are no records in any form because they realised it late that they were cheated.
how do you mean if the divorce is opposed it is difficult to succeed? difficult for him or her?
G. ARAVINTHAN
(Expert) 23 September 2014
Since the issue is big one, better contact a local lawyer and discuss it briefly
sakka
(Querist) 23 September 2014
Sir
Contacted local free lawyer. Not reliable. Please give me guidance at least as what to do and how to proceed.
Please...
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
If you have already engaged a lawyer, any amount of advise taken from here will not be heeded by that free lawyer, he will go in his own way, if you plan to discard him, how will you be able to solve the issues by taking mere advises from here. The experts here have properly opined,but how will you be able to execute them?, there are lot of things you can initiate against him, i.e., 498a, DV act etc., for all these you need to assistance from an advocate, look for a prudent lawyer to handle the issue.
