Cheryl Dsouza (Travel ) 26 January 2010

Fraudulent Marriage

Hi I Need help with my brothers divorce case, It was a arranged marriage and we were not informed of the fact that she's a schizio patient and that she was hospitalised before marriage and was even given shock treatments,later on when we did come to know we asked her parents about the whole issue and they lied again saying it is depression ,at which we asked for her case papers and on studying them we found out it was schiziophrenia we also checked the prescripttions with a doc who confirmed that it was the same. we called her parents and told them about the findings at which they rubbished it again.

After some time she stopped her medicines on the pretext that she would not be able to concieve which aggravated her health to a point wherein she would roam arnd the house with a knife she even banged the telephone on my mothers head we tried time and again to get her parents attention but to no avail ,she would constantly doubt my brother saying he is having a affair, to cut the story short she reached a stage wherein she had to be forcibly admitted in mesina hospital , Byculla.

My Family had reached a point wherein we had no other option but divorce coz her parents never took any initiative their attitude was like she is your headache now and not our concern.

We filed for a annullment through the church since we are catholics and we got the annullment becoz the girls aunt testified that we were cheated but in family court front we are losing coz as a girl you get all the sympathy,we tried moving the high court but it failed , we have filed a cheating case in the thane court but thay have brought a stay order.

I need major help for my brother ,Im begging you guys to help me coz my brother is innocent and is paying for something he didnt do,Infact he took so much care of her he was the one to get her medical help when her parents were not bothered to see how she was and now they are fighting for money ,Inspite of all these he asked them to give her a/c nbr so he can deposit the money ,they are fighting that it be given by cash,Please help my brother out of this hell. we dont what else to do if you think there is any hope for my family please email me at lewisch81@gmail.com.

Thank You & God Bless

Reply Follow

3 Replies

Syed Adbul Khader Jeelani (Advocate 9642388507) 26 January 2010

Dear Brother Desouz,

What your brother needs is support than legal advise as it can be understand that you are on the right way and your advocate shall handel the same. But be brave everything will be set right in due course of time pray God be patient. Dont forget to confront in evidence that she was given an impression that she was heal and healthy at the time of marriage

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 26 January 2010

Mr. Dsouza, your remady is under sec. 18 & 19 of The Indian Divorce Act. "

THE INDIAN DIVORCE ACT, 1869; ACT No. 4 OF 1869

18.Petition for decree of nullity.-Any husband or wife may present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.

19.Grounds of decree.-Such decree may be made on any of the following grounds:- (1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit; (3) that either party was a lunatic or idiot at the time of the marriage; (4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Write me if any more help required. You may also apply on the giound of cruelty & desertation of the same act.

Alok Motan (Advocate) 30 January 2010

hey there,

you have written that you guys have filed a cheating case in which u r loosing........... STRANGE........ how can it be possible, I think ur Lawyer failed to present ur case strongly. Coz its a strong case. tell ur lawyer to rely on medical prescripttions. and secondly apply for

PETITION UNDER SECTION 12(1) (b) & (c) FOR THE NULLITY OF THE MARRIAGE OR IN THE ALTERNATIVE FOR THE DISSOLUTION OF THE MARRIAGE UNDER SECTION 13(1) (ia) & (iii) OF THE HINDU MARRIAGE ACT 1955

as it was a fraud which was being played (a fraudulent marriage) with you guys it also covers the divorce ground on mental disorder/ lunacy/ idocy/ or etc. It depends on interpretation as it is nowhere defined in the Act - what is mental disorder/ lunacy/ etc. if she (ur bro's wife) is suffering from mental disorder you will get the divorce.

Regds.