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(Guest)

Peculiar case for divorce

i got married 6 months ago. figured out that the girl is mentally immature. she is unable to respond and protect herself in risky situations. she doesn't understand marriage or marital relationship.

 

failed to get medical evidence as doctors don't confide in us and the girl's parents also do not reveal. they keep insisting that the girl is normal.

 

the girl is presently at her parents place. i hv. some videos of her and a copy of her mails. will this suffice??

 

she is a BE graduate. 

 

my query is "IS THERE ANYOTHER WAY OUT" other than medical grounds.

 

thanks

 



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     06 August 2013

donot jump into conclusions, take care of her by referring to a specialist i am sure she will be perfect, putin efforts u will get results. 


(Guest)

i think u need to understand my position in detail.  the girl's brain is equal to a 5 yr. old. her brain doesn't respond properly, she cannot take care of herself leave alone me. atleast for her safety she should be capable of responding to risky situations. she urinates in public. she is frieghtened frequently, cries a lot, doesn't even know to express her hunger.  and lots more like this... how do you expect me to live a happy life with such a girl appropriately a child. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 August 2013

You said she is BE graduate. You put some efforts to take her a female doctor and try to rectify her health. Both of you must take care each other. Marriage is a combination of soul. Do not think only two bodies.

1 Like

(Guest)

Without any medical proof you can't go against her telling she is of unsound mind and mentally ill. You have to get her examined and come out with the results.

If it shows anything wrong in her medical checkup,you can pray for annulment of marriage as it has been a fraud marriage due to suppression of matterial facts by her parents prior to your consent of marriage through sec12 (1)c HMA.


(Guest)

Bitter fact is, once marriage has taken place, according to rituals in presence of a registrar or parents and huge number of relatives and friends, its over.


Untying the knot will take a long time according to law.


Intervention of elders for untying the knot on their own does not hold any value in the eyes of law.


Many a marriage take place hiding certain negative points and mistakes. But in law there are written points as to on which ground divorce will be granted.


Keeping a eye on the recent bill passed which totally favors woman, I suggest you to follow Adv Rama Chary's advice, as other people who are facing divorce petition etc have suggested video recording etc wont be any use.  There should be a longstanding impairment of function of the brain, which is totally unhandlable by the husband, then you can seek divorce, or else any such attempt will be futile.


Further, I would suggest to speak to her parents which are your in-laws on this regard and try to find a solution with regard to her behavior.


During 92 I had seen such a case, where girl used to behave like a robot after marriage, driving the husband nuts, on closer inspection it was found that the girl was in love with someone else and the cause of her robotic behavior was none else than her parents forcing her into this marriage.  So, try to check about her background, its still not late.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 August 2013

Nothing more to be added.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

(Guest)

the girl's parent's have hid the facts and have forced the girl for marriage. they are well aware of the inabilities of their daughter. they have not given her any medical treatment. she has this problem right from birth.  she has attended a special school upto 5th std.  the girl herself admits that a side of her brain doesn't work properly. but her parents are not cooperating.  the doctors are not willing to reveal her mental state.

as per my knowledge on her disability thru netsurf, this cannot be cured. she needs help all thru her life. 

we have decided to go ahead with divorce.  is there anyone out there help me either get an anullment or divorce.  


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