Applicability of section 12 1 d of hindu marriage act 1955
Querist :
Anonymous
(Querist) 25 October 2011
This query is : Resolved
I have a case where in the marriage has taken place as per hindu rituals. The women is now pregnant of 14 weeks where as the duration between marriage and date of medical test is 9 weeks (all original ultra sound scan copies, doctor prescription are avaialable). And now the parents of the women have got the womb aborted with domestic solutions with out any doctor consultations. Since the man was not aware of the details prior to marriage he now wants to file a suit for nullity of marriage. So will it be appropriate. And what are the consequences w.r.to Maintainence and charges that could apply.
Devajyoti Barman
(Expert) 25 October 2011
The marriage may be declared as null and void provided the man has not slept with his wife after discovering this truth.
Querist :
Anonymous
(Querist) 25 October 2011
No sir, the next day of medical tests were done, the women was sent back with her parents. And would request you to update if women can claim for maintainence or any other legal actions. Since other than medical test report now he will not be in a position to prove the pregnancy
prabhakar singh
(Expert) 25 October 2011
The marriage is voidable at the option of husband by a petition provided he satisfies the court :
(i) that he was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
prabhakar singh
(Expert) 25 October 2011
Answer to second query is that unless the marriage is declared void by court,it is open to wife to shoot all guns of law on husband,125 Cr.P.C.,498A IPC,DV ACT proceedings and even claiming maintenance in voidable declaration petition also.
Shonee Kapoor
(Expert) 25 October 2011
As long as it is not declared null, she can claim maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 October 2011
She can claim maintenance until you get decree as desired.
Ravikant Soni
(Expert) 25 October 2011
..... And now the parents of the women have got the womb aborted with domestic solutions with out any doctor consultations.
It is a crime as well.. under 312 of IPC
Shonee Kapoor
(Expert) 26 October 2011
I diagree with Mr. Ravikant,
The wife can get abortion for any reason, no 312 is made out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 07 November 2011
Thanks to all for the valuable inputs. Now the case has take some twist. The girl and her parents are claiming that the boy had come to their place prior to marriage and they had sexual intercourse and the child is because of it. And the boy tried to influence the girl to say the different version ie., to have add affair with some one else.
