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unfortunate victim (owner)     15 August 2013

Urgent help me under section12c

dear experts I need urgent help
I married in apr12,after marriage I found my wife started abnormal behavior.she was patient of screzofenia.this fact was kept concealed by her and her parrents.after marriage they kept this secreat but later I found she was taking tratment by pychiatrist.so without informing this to her parents and her I called a meeting of our elder members and her family  members after 3 months of marriage.her parrents immidiately agrreedwithout mentioning the disease for mutual divorce after 1 year.my wife was absent for the meeting.so I made a noterised  sample of mutual concent application with my wife and her parrents.in that she agreed not to take any maintanance in future.now in apl13 I filed suite against my wife under section12(c)under fraudlent marriage.now after 2-3 sessions of counceller asked me to go for mutual concent.
my question is if I agreed for mcd under section 13b.can I  make term that not to take maintance now and in future if I taken back my section12c application?,offcource in mutual concent no disease will appear in petion just "we cannot live with each other and will not claim any maintance in future"
is there anything in final judgement about not accepting mainance in future?so can she file any claim for maintance in future?
shall I go with mcd or it will take time to prove under section12c.I am having the evidences of cruelty,and witnesses.



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 5 Replies

adv.raghavan (Advocate,9444674980)     15 August 2013

u say she is mentally sick,then how can she give consent for MCD under 13B, the ground itself is not suitable, if u r sure she has this disease before marriage itself and it has been concealed, now u have found out and the parents had agreed to that, and if u have medical records to prove  that she had this disease before marriage itself, try to convince the court and get the divorce under section 12 of HMA, or go for divorce under section 13.(iii) of HMA. 

unfortunate victim (owner)     15 August 2013

thanks for reply.I filed in family court,she is definitly mentally seek but can behave normal,medical proof are with the hospital and without court order they denied it to give me.but will it take much time to solve the case because it may take 2-3 years

adv.raghavan (Advocate,9444674980)     15 August 2013

if u are sure yr wife is mentally sick it is better to nullify the marriage, by convincing the court . let it take its own time, patience is most important thing in divorce matter. it is not advisable to go for MCD at this stage, later on u will face lot of other complications

unfortunate victim (owner)     16 August 2013

please help me

unfortunate victim (owner)     16 August 2013

what is exactly the inherited property bill?whether it is passed or not?anybody can give information in detail 


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